Except in the case of emergency repairs of any sewer lines or water mains, it is unlawful for any person, including any officer or employee of the county or any independent board or commission thereof, partnership or corporation to break up, dig up, disturb, undermine or dig under any State highway without first giving notice of such proposed work to the chief of police of the county, or his duly authorized representative, not less than eight hours in advance of the commencement of same. (Prior code § 21-4.7)

A. No person, including any officer or employee of the County or any independent board or commission thereof, partnership, firm, or corporation shall, in any manner or for any purpose, break up, dig up, disturb, undermine, or dig under, or cause to be broken up, dug up, disturbed, undermined, or dug under, any County public highway, street, thoroughfare, alley, or sidewalk or any other public place under the supervision or control of the County, or any portion of such public highway, street, thoroughfare, alley, sidewalk, or other public place, without having first obtained a written permit therefor from the department of public works and waste management of the County and unless the chief of police of the County or a duly authorized representative shall have been notified of such work not less than eight hours prior to the commencement of the same; provided, however, that any portion of such public highway, street, thoroughfare, alley, sidewalk or such other public place may be excavated or otherwise opened for emergency repairs of any sewer lines or water mains without first obtaining such written permit and without giving such advance notice to the chief of police or the duly authorized representative; provided further, however, that any person, including any officer or employee of the County or any independent board or commission thereof, partnership, firm, or corporation who shall make such excavation or other opening for such emergency repairs shall as soon as practicable apply for a written permit in accordance with this chapter.

B. Any such person, partnership, firm, or corporation desiring the permit required in this section shall make application on a form prescribed by the director of public works and waste management. The director of public works and waste management may prescribe in the permit the place where the work is to be done, and as a condition precedent may require a bond in favor of the County to protect it against any and all claims for damages due to, or caused by, any work done under the permit.

C. The director of public works and waste management shall require an insurance certificate naming the County as an additional insured. The amounts for minimum coverage for property damage and bodily injury shall be prescribed by the director of public works and waste management.

D. The director of public works and waste management, before issuing such permit, shall require the applicant for such a permit to file a plan showing the location of each proposed excavation or opening and the dimensions thereof, including the surface area of the opening in paving, sidewalk or other structure to be installed therein, details for the backfilling of trenches and the restoration of the roadway pavement, and such other details and information as the director of public works and waste management may require to be shown upon such plan.

E. The director of public works and waste management shall issue a permit within seven calendar days after determination that the application is in compliance with this chapter. (Ord. 2888 § 1, 2000: prior code § 21-4.1)

A. A fee as set forth in the annual budget ordinance shall be collected prior to the issuance of any permit required by this charter.

B. When work for which a permit is required by this chapter is started before obtaining a permit, the fees specified herein shall be doubled or increased by an additional amount of $200, whichever is greater, as a civil fine, but the payment of such fine shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work or from any other civil fines imposed pursuant to section 19.530.030 of this code.

C. When permits are required for a County capital improvement program project pursuant to this chapter, no fee shall be charged for such permits.

D. If requested in writing by the permit applicant, the director of public works and waste management may authorize refunding fifty per cent of the permit fee paid when no work has been done under an unexpired permit. The director of public works and waste management shall not authorize refunding of any fee paid if any work covered by the permit has been initiated. (Ord. 2888 § 2, 2000)

Standard specifications outlining procedures to be followed in excavating and backfilling openings in county highways shall be prescribed by the director of public works, and a copy thereof shall be kept on file in his office; a copy thereof also shall be furnished to each applicant for a permit requesting the same. (Prior code § 21-4.8)

A. In doing any of the work specified in this chapter, the paving and/or other excavated material shall be kept separate and deposited in a manner that will occasion the least inconvenience to the public. In connection with the performance of the work covered by the permit, the permit holder shall provide proper surface drainage and safe passageway for travel, including sufficient barriers, lights from twilight to sunrise, or watchmen, whenever such barriers, lights, and/or watchmen shall be necessary for the proper safety and protection of the public. Such barriers or lights when so required shall be so arranged as to effectually define the line of safe passage for pedestrian and/or vehicular traffic. The permit holder shall be responsible for all damages of every kind or nature suffered because of the work done by him, or resulting from the performance of the same.

B. As soon as practicable after finishing any excavation or other opening in, or under such public highway, street, thoroughfare, sidewalk, or other public place, the holder of the permit shall carefully refill the same. The soil for backfill shall be as free of adobe as possible and no lumps of soil having any dimension greater than four inches shall be used in the backfill of any trench or other street opening or excavations authorized under the provisions of this chapter.

C. After the street opening, trench or other excavation has been completely backfilled and tamped, the site shall be thoroughly cleaned by the permit holder, and all excess excavation and other foreign matter caused by the excavation or otherwise by the permit holder, shall be removed and deposited in such area as shall be designated by the director of public works and waste management, at the cost and expense of the permit holder.

D. The surface of the street opening, trench, or other excavation shall be paved, and traffic striping restored to the standards of the department of public works and waste management, at the cost and expense of the permit holder. (Ord. 2888 § 3, 2000: prior code § 21-4.2)

A. The holder of the permit shall indemnify and save harmless the county, the officers or agents thereof, from all claims, demands, suits, actions, or proceedings of every name, character, and description which may be brought against the county, or any of its officers or agents, for or on account of any injuries or damages to any person, firm, or corporation by or in consequence of any act or acts of the holder of the permit on work done under the permit.

B. The holder of the permit shall use precautions such as barricades, lights, and/or watchmen reasonably necessary for the safety of the public, but such action shall not relieve the holder of the permit from liability for accidents, should any occur as a result of work pursuant to the permit. (Ord. 2888 § 7, 2000; prior code § 21-4.6)

A. The director of public works and waste management may require that prior to the issuance of a permit, the applicant shall submit a bond in favor of the County, which shall be a cash bond or personal surety bond, as the director of public works and waste management may require, and shall be fifty per cent of the estimated amount of the cost of backfilling of material.

B. The term of each bond shall begin upon the date of issuance of the permit and shall remain in effect for a one-year period after the completion of the work. The bond shall be returned to the permit holder should the director of public works and waste management deem the work satisfactory after the one-year period.

C. Should there be settlement of the pavement, or other defect of the work within the one-year period after completion, the permit holder shall be responsible for repair of the work. Should the permit holder be unable to perform the repairs, the director of public works and waste management may authorize the County or a contractor to perform the repairs. The County may utilize the bond to pay the expenses of the repairs. (Ord. 2888 § 8, 2000: prior code § 21-4.9)

Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine not exceeding $250. (Prior code § 21-4.10)