HomeMy WebLinkAboutOrd 78-1914 AN OR~)IN~E.~REGIILATI~G TEE D~G~ING ~ ~..DIST~~E
RO~W~IYS iND SID~AL~ IN Tt~ P~,LIC ST~ETS, L~S. ~LEYS
P~LIC PLACES IN T~ CITY 0F SOUTH SAN .} .... ~CI,~CO; REO%~ATING
T~ REPILLING iND ~'~
~~ OF D~STI~B~ STREETS At~ T~ R0~WAY
~',~ ~ .... ~T.~V 20E THE V~LATION THE~:DO~.
Ti~REOP; AND ~,,OVIDI~,,,~.:~ ,~ ~
The Board .of Trustees of the City of?outh San Prancisoo
do ordain as follows:
...... ~ It shall be ~tawful for ~ ~-
. ~n~,~ person, firm or
co.oration to m~. qr cause to be maSe, any excavation ~n or
~der the surface 0f any public ~ ....... a. a. llev, sidewalk, or
other public place For the installation, r~i~a{'~'~'o~ .......... ~2.!~ 'of
tony pipe, conduit, duct or tu~el, o~ for ~y other p~pose,
without first obtaining fr~m the S~,pe:~.intendent of Streets
,
' ,, ~- ~ deposit
a written 'per~:idt to make such excavation a~d .la.. in~ a
to cover the Gost of in~;~eetion and of ~estorinc such public
street, alley. , sidewalk or other public pl~e to its original
dition, together with the incidental e~enses in connection
there~vith, all ~s here~nazte~ In ~h_s ordinance ~rovided. Said
Superintendent of Streets, before is~u~ng ~ch :~ermit, shall
~irst: k written application-there'fo'? to be made ~n~ filed
with s' '~ S~oerintendent of ~
~i]_~ .~treets, wherein the a~oolication
shall set forth the name and residence or :.u~siness address of
the ~erson, firm or corporation m~il'ing s~eh ap.:~lication, and
shall state in detail the location and area of each exoavat~on
intended to be made, and shall-state the !urpose for ~n.ch
the exeavation ~s to be~'~ade and used;
sno~zng the location
Second: The presentation of a plat '
of each proposed excavation and the dimensions thereof, an~
such other details as the F, uperintendenl of Streets may re-
quire to he shown ur, on s~ch plat.
Section 2~ It shall be unlawful for any person, firm or
corporation to make, or to cause or permit to be made, any
excavation, or to install or maintain, or to cause or permit
to be made or to be installed or maintained, any tan~, pipe,
conduit, duct or tunnel in or under the surface of any public
street, alley, sidewalk or other public place at an.v location
'other than that described in the application and shown upon the
plat filed by such .l~..erson, T.:.rm or corporc-.tion as required by
the provisions of this ordinance,
Section 3~ ~fnen the a~P~[ication to excavate and the de-
tails shown ~tpon the acoomp.a~ ying plat comply with the terms
of this ordinance ~nd ~he regulations of the Board of Trustees,
the application and plat shall be approved ~y the-Superintendent
of. Streets. After such aP~rov~l, the application and plat
shall be filed in the office of the Superintendent of Streets
a~:a?,p~.u lic record. Special deposits shall be made with the
superintendent of Streets as follows, to-wit: A s~n eq"~ml to
fifty ~B0) cents per square f~ot of surf_ace Of .each sush ex-
cav~ to be made in streets or other oublic places
have~.~en paved; a sum equal to fifteen ~l~) cents '¥~er s~uare
each sq~are foot of surface of each such excavation:
to be made in streets or other public places which are no~$ved;
provided that no deposit shall be less than ~n ~$10)Dollars;
'and provided f,~t....er, that any perch, on, firm or corporation in-
~endin~ to make excavations in p~blic streets, alleys or other
public places m. ay make and ma'ntain_.]~ __ with the City of South San
Francisco a gener, al,. ,d.e~.o~,it in the sum of Five Hundred Dollars
($500.O0), which general deposit shall be used for the sa~e
purpose as the special deposits described hereinbefore in this
secti-0n, and while such general deposit is maintained at the
said sum of Five Hundred Dollars ($500.00), such ~erson, firm
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or oorporat.ton shall ~ot be required to make. the special de-
posits hereinbefore in this section provided, but shall be
required .to comply with all the other provisions of this or-
dinance.
Section 4. Upon receiving a written application, as
provided in Section i of this ordinance bearing the aplf.,roval
required by this ordinance, and the general or special deposit
required by Section'3 hereof, the Superintendent of Streets
shall issue a written oermit to make such excavation, and shall
open, ~nd ~,~eep an,~ account thereof; ~provided, however, that
said Superintendent of Streets shall not issue suah permit ~-
less the applie~t has legal authority to occupy and use for
the purpose mentioned in the application, the streets, alleys,
sidewal~s or other public places covered b? said applmca~ion.
Suc~ :~ermit shall sta~e whether the work to be done is
covered by a general or ~pecial deposit, and if ~ s,~ecial
deposit, shall state ~he ancot thereof. It shall also specify
the person, firm or corporation to whom the s~e ~s i~sued,
the street, alley or other publ~c place, and the particular
portion or portions thereof to be excavated ~nd the extent
of s~ch excavatio~ No ~ermlt oa~.~l] ,~e t~ansferable. Every
such p~rmi~ shall become and be void unless the excavation
to be made .,surs~ant thereto is com~',~enced within ten ~10) days
from the date of issuance of s~ch permit and the work diligently
p~ose~ted as in this~ ordinance required.
__~io~ 5,~ All rofit, l.i~-of, oai~xoava~ion ohal~ bc.,.ma~
' 'The dir ~a '~' ~~e
f~f r' ced ~hd cater d in layers
~~e~~ess ~~t~yer shall
be wel flooded with ~' ye
and the last 11 be well flood~. ,.
th~be less than tw° feet in thickness'3 ~~
excavations made in localities where the soil is clay or adobe
ea~ layer shall be one foot thick and thoroughly tamped,
no~w~er Shall~oe used nor shall flooding be 'reqltired, lng
in..n pav~pav streets, in which case the fill .... ing. shall be d
in layer Lot exceeding six inches in thickness, an~ layer
~horoughly led. In all cases where a pipe not eding
six inches iameter is placed in said excaval all the
dirt removed e. from shall be replaced ther~ T,lnneling
shall not be done the permission of Superintendent cT
. ' 0 4
If the street or ace where su. ch avation ,~. made;has 'beew
paved, the excavation be as hez'einbefore pro-
vided, up to the under side ~f the ~rmanent pavement, and when.
such refilling is in proper , the pavement, torn up
or damaged by such excavation be replaced.
All pavements shall be in accordance with the same
specifications msed in the n of the pavements torn
~p or dmnaged by s~ch on. Whe any portion of the
earth about the edge such excavation ~1% cave in, the
Superintendent of ~ets may reqj~ire any tions of the
p.~vementl thus unde~ or rendered mustable such excava-
tion to b.e'r~p ed as above specified.
·
The repl lng of pavements shall be done un, the
supervision an inspector duly authorized by the
of Stre~ to insoeot such work, and the ~f
Street~ collect, as hereidafter specified for the c t
of , from the person, firm or corporation m~ing
ex~ ions, the cost of s~id 'ins?ection, ~t the rate O~lve~\
~$~.0~)) per day for eight ho~rs for each insr~ector
~, omployoi. ---- :
Section 6. If the dist~rbed pavement is not replaced by
the person, firm or corporation ma~ing the excavation within
4
s~leh time as the Superintendent of Streets may allow therefor
in his permit to make s~oh excavation, then the SUperintendent
of Streets is hereby au~0rized to replace s~ch pavement ~nd
~,~to collect from the person, firm or co~oratlon liable for such
work 'the cost of replacing s~ch pavement.. If the pa~ent
for s~id replacement work is not made within a reasonzble time,
then the cost of said replacement work shall be deducted by
said City of South San Francisco from the deposits retained
by said City from the person, firm or corporation ~a~ing the
excav~t ion.
All,money collected by the Superintendent of Streets or
deducted froN~ the deposits for the cost of replacements ~nd
inspection thereon as herein provided shall be paid to the City
T~emsurer of said City and placed in the General Fund of ~id City.
Section 7. It shall be the duty of every '~erson, firm or
corporation making any excavation in ~ny ?ublic ~ee~ alley
or oth~'public ~l~oe, to maintain s~fe crossings for vehicle
tr~fie at ~ll street intersections ~nd safe crossings for
~edestrians ~t intervals of not note th~ three hundred ~ZO0)
feet. If any such excavation is made across any-public
er ~lley. at least one safe crossinM sh~ll be naint~ined at all
times for vehicles and pedestrians. ~ree ~ccess ~ust be ~rovid-
ed to all fiF® ~r~ts ~nd water g~tes. All ~aterials
ear.ted shall be laid conpactly~ along the side of the trench
and kept tri~n~:~ed u~ so as to c~use ~ little inconw~n~e~oe
~es~le to public travel. If the street is not wide enou~ht to
hold the excavated m~terials wiShout ~sin~ ~rt of the adj~cent
sidewalk, the ~erson,fir~u or corporation by whom the excav~tlon
~uade shall erect ~ tight board fence ~r~on a~d ~long such sidewalk.
~ll gutters shall be m~nta~.ned free ~nd ~obsor~cted for the full
depth of the adjacent curb ~.nd for ~t least one (1) foot tn width fr~
the fmce of such curb at the gutter line. Wherever a gutter
crosses an intersecting street an adequate waterway shall be
provided and at all times maintained.
It shall be the duty of every person, firm or corporation
making any excavation in any public street,- alley, or other
public place, to ~place and maintain barriers at each end of
such places as may be necessar~,~ (~long the excavation to '~revent
aectdent,_and also to place and maintain light, s at e~ch end of
such excavation ~nd at d.fstances of not more th~n fifty ~0~
feet along the line thereof, from sunset, each day to sunrise
o~ the next day, until such excavation is entirel~y refilled;
~nd it shall be unlawful for any person, firm or corporation
to fail, refuse or neglect to comply with ~ny requirement
contained in this section.
Section 8. After such excavation is com?~enced, the work
of making and refilling the same shall be prose~cuted with due
diligence and so as not to o~struct the street or other public
place or tr~vel thereon, more than i~ actually~necess~ry there-
for.' If the work is not so prosec~ted, or the ~ork of refilli~ng
does no~, in the Judgment of the Su~,erintendent of ~treets,
comply with the terms of this ordinance, the Suoerintendent of
Streets shall n.~tify the ~erson, firm or corporation na~ed
in the permit that the work is not being ~rose'cuted with
dus .diligence or that the refilling of such excavat~on has not
been ?~roperly done, and shall require s~ch person, firm or cor-
poration, within three days after the service of' s~ch notice,
proceed with diligent ~rosecution of such wor~tr, or ]~.ro~perly to
complete the s~e, ~s 'tn.. case :nay be Such ~otice sb~ll be
6
written er printed, and shall be served ~ersonally or by leaving
the same at the residence or place of business of such person,
firm or corporation; or if such person,% firm or ~orporation
cam not be found, and such place of busines~ or residence is
unknown, or is outside of the City of South Sam Francisco, such
notice may be served by ~epositing the same 'in the United States
post office in a sealed envelope, postage full.v prepaid, address-
ed to such person, firm or corporation at such place of business
or .residence, if k~own, or i£ un?~own, at the City of South
Prancisco, If~such notice is not complied with, the Superinten-
dent of Streets ma~~do such work as may be necessary too refill'
such excavation and to restare the street or'other public.place,
or part thereof, excav~Sed, to ~s good a condition as the sa~e was
in before suc~ '~xc~V'ation was made~
Section 9. THe ~erson., z~ o~ corporation by whom any
excavation shall be made in 'any public street, alley or
public place, shall be deemed and held to' guarantee the work of
refillin~ and repair thereof for the ?er~od of tv~o (2) years
'after the refilling of such excaw~tion against all defects in
wor~nnanship '~&nd materials. Whenever within such period of two
yea~s any ?,art of.th~.. ~ave~ne~nt or surface of ~.n7 publi~ stree~
or place so guaranteed becomes in meed of repairs by reason of
~ny defec~t in workmanship or material used in such work of re~~
filling or repair, the S~perintendent of Streets shall serve on
the !~erson, firm or corporation by wj~om the excaVation was made,
a written notice stating the rep.airs necessar? ~nd requiring
such repsirs to~be contmenced v,~ithin three da?s after the service
of such notice. SuCh notI. ce shall be s~rved in the manner -~rovid-
ed in Section 8 of this ordinance,and ~f the sa~ae ~s not complied
with the Superintendent of Streets shall at once ~V~ake such re-
Pairs.
Section lC. The balance of each such deposit, after the de-
duetions hereinbefore provided for have been made: shall be re-
tained by the. City of South San Pranoisc.o for two years from the
date of the completion of the work, which said deposit covers.
The sa%d Clty~hall ~also de&uct the cost of any work done
or repairs made by. the Superintendent of Streets as provided
for in this ordinanee,~-f~om (~ny and all deposits on hand, Sel°ng-
ing to, or that may thereafter be ~uade by any ~?erson, f~rm or
corporation by this ordinance to do any work or to make ~ny re-
pairs under the ~rovisions of th~s ordinance, and who shall have
failed, refused or neglected to perform such wor~ or to ma~e
such repairs. Oa demand after the expiration of ~sUch period of
tw~ years,such special deposit less the deductions made pursu-
ant to this ordinance, shall be returned to the ~i~erson, firm or
corporation making the same, or to his or its ~ssigns.
Each general deposit ,~ade purs~ant to the provisions of this
ordinance ~'~ay be returned at any time to the person, firm or
corporation ma~ing the same, or to his or ~ts assigns, after
first ~a~ing the deductions authorized by this ordinance, provid-
ed, however, that the City of South San ~r~ncisco shall retain.
of each such general deposit, such amounts and for such period
of time ~s wo~ld be requ~.re,~-b'~ this ord.~nnnce ~f the amount of
.,a~d as s~ecial deposits for ~er~uits
such general deposit had been
for the excavations made by reason of such general deposit.
Section ll. All excavations,refilling of e:~cavations and
repairing of street sur£aces, ?rusu~nt to the
this ordinance shall be made ~mdSr the supervision and direction
of the Superintendent of Streets. It shall be the duty of the
Superintendent of Streets to su~e~'vise and direct all s~ch making
and refilling of excavations and repairing of street surfaces,
and to require that all such excavations, refilling and repair-
ing comply with the requirements of the ordinamees of the said
City.
Seot[.on 12, It Is hereby made the Suty of every person, firm
or corporation owning, using, eontrollin~g or having an interest
in pipem, conduits, d~cts or tunnels under the surface .el. any
public street, al~, sidew~lk or other public place 'for sup]~ly-
lng or conveying' ~s, electricity, water, steam or oil, to or
from the City of South San Francisco, or to or from its inhabi-
tants, or for any other purpose, upon demand of the Superinten?
dent of Streets to file in the office of the Superintendent of
Streets, upon three days' notice, such map or set of maps as
shall be demanded by said Superintendent of Streets , v~hich said
~'uap or set of maps shall show in detail the e~c% location,
size, description and ~t~:e of installation, if ~nown, of all mains,
laterals, services and service l?ipes, and of all valves, ~,ress-
ute regulators, drips, manholes, handholes, transformer chamt~ers
or other appliances installed beneath the surface of such pub-
lic streets, alleys, sidewalks or other pul~lic '~..laces in sa~d
City of South San Francisco belonging to, used by or under the
ec~%rol of such person, fl~n~.~er-corporation, or in which such
person, firm or corporation has any interest. It shall be the
d~ty of every ~.erso'n, firm,or co~porat!.on upon demand of sa~.d.
Superintendent of Streets, upon three days' hotice, to file ~leh
corrected map or set of map~, a.~ shall be demanded b.'.· the
intendent of Streets, showing the complete installation of all
such pipes and other appliances, including all installations
made during the prevteus ?ear, to and including the last day of
such year. Each map shall be accompanied by an affidavit en-
dorsed thereon subscribed and sworn to by such 'person, firm or
b:z the president, vice-president, secretary or assistant se'c-
retary of such corporation, to ~he effect that the same correctly
exhibits the details required b-- this ordinance to be shown
thereon,
Whenever any pipe, conduit, duct~ t~bu~el or other structure
located under the surface of any public street, a~.ley or Other
public place, or the use thereof, is ~b~don~d, the person, firm
or corporation owning, using, g, controlling or .h~vi~g ~n.y inter-
est in the same, shall within thirty ~30) days after such
abandon~ent, file in the office of the S~perinte~(tent of Btreets
a map giving in detail the location of the pipe, co~:~duit,
tunnel or' other struc'ture so abandoned. Each map or set of ma~s
filed pursuant to the provisions of this section shall show
detail the location of ~11 such pipes, co,~duits du~cts t~'~els
or other structures abandoned subsequent to the filing of the
last preceding ~'~ap or set of maps.
Section 1Z. All surplus material removed u~'~der the provisions
of this ordinance shall, if required by hi~, be delivered +o such
-~:oints as the Superintendent of Streets shall d~rect, provided
the dista.~ce such material is required to be hauled does not ex-
ceed one mile.
Section l~. iTone of the provisions of this ordinance
shall apply to any work done or to be done along, in or upon
ady public s%reet, alley or Other public place pursuant to any
l~w of the State of California, 'providi~g for the i~rovement
thereof, or to any work done or to be done along, in or u?on
any such street alley, or pul~ _mc place pu?suant o ~ny contract
for improveme?at authorized hy said ~oard of Trustees; ?rovide,~],
dina;~ce shall appl? to all such-work and to all excavations to
~e made along, in or u~o~] ~-~u}~ ]?u~ !~_~ street, alley or o~er
p~[b]ic place.
Section 15. The provisions of this ordlna~]ce sha].l not
apply to excavations ~ade ]~? any of'~'~.cer, or ~nder the d~rection
of any officer or o?Tficers of said ~it~ in the discharge of
his or the~.r official duties.
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Section.16. Nothing in this ordinance contained shall be
construed to prevent any person, firm or corporation mainta-ining
any pipe or conduit in any,public street, alley or public plac.e
by virtue of any law, ordinance or permit, from ~-~a~-ing such
excavations as may be necessary for the preservation of 1.ifc
or property when s~ch necessity arises; provided that the person,
firm or corporation ~:~aking such excavation shall obtain a permit
therefor within six C6) hours thereafter.
Section 17; Every ~ermit for an excavation in or under
the surface of any public street, alley or other public place
Shall be gr~nted subject to the ~ight of the City of South Sam
~rancisco, o~.~ ~ny other person, firm or corporation entitled
thereto, to use that part of such street, alley or other public
place for any purpose for which such street, ~lley or other
public place ~-~ay be Iaf~fu~ly ds&d.
Section 18, Any person, firm or conporation violatinfN any
of the ~,~rovisions of this ordinance shall be deemed M~ilt.v of
a misdemeanor, and upon conviction thereof shall be puni. she~
by a fine of not less than Twenty-five Dollars C~25.00) nor
more than Three H~mdred Dollars [$300.00) or by impr~.son~,~ent
for a period of not more than three .~onths,~ or b?,~ both such fine
and imprisoEnent.
i~ash.sucn ~-,erson, firm or corporation shall be deemed guil-
ty of a separate offense for every day during any po~ion of
which any ~iolation of any provision of this ordinance is com-
mitted, continued or permitted b,~. such person, firm or corpora-
tion and shall be punishable therefor as provided in this
o r d-inanc e,
Section 19. This ordinance shall be published once in
"The Enterprise;" a weekly newspa'per i!~:.rinted, published and cir-
c,~lated in the City of So~.~th San FranciSco, ~nd shall ta~e effect
ll
· · . · -~.-~ ,..,." ~.,'.'.'.'.'.'.'.'.~ ...
and be in force from-~d after the e~iration of thirty
days after the date of its passage.
Introduced thf~~of April, 191~.
Passed and adopt~ ~ as an ordinance of, the City of gouth S~
~r~oisoo at a regular meeting of the Board of Trustees of the
City of South San ~r~nofsOo this ~day of ~~ , 191~,
'r-
President of the ~oard of Trustees
of the City of South S~ ~r~ncisco.
~'}-., Attest:
Oity Cl~ x