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HomeMy Public PortalAbout03 Street Excavation RegulationTown of Truckee California ORDINANCE NO. 94-03 AN ORDINANCE OF THE TOWN OF TRUCKEE ADDING CHAPTER 13.01 TO TITLE 13 OF THE TRUCKEE MUNICIPAL CODE RE: STREET EXCAVATIONS The Town Council of the Town of Truckee Does Ordain as Follows: Section 1. Enac~ent. Title 13 is hereby added to the Truckee Municipal Code by adding Chapter 13.01 thereto to read as designated in Exhibit "A" attached hereto and incorporated herein by reference. Section 2. Repeal. Any and all provisions of the County Code of the County of Nevada in conflict with Title 13 of the Truckee Mutficipal Code as herein enacted, is hereby repealed as incorporated by reference by the Town of Truckee. Section 3. Postine. Within fifteen (15) days after final adoption of this Ordinance, the Town Clerk shall have it posted in the three (3) public places designated by Resolution of the Council. Ordinance 94-03 Page 2 The foregoing Ordinance was introduced at a regular meeting of the Town Council of the Town of Truckee, held on the 6th day of January, 1994, by Council Member Aguera, who moved its introduction, which motion was seconded by Council Member Botto, was upon roll call carried by the following vote: AYES: Council Members Aguera, Botto, Carpenter, Cross & Mayor Eagan NOES: None ABSENT: None Kathleen Eagan, Mayor ATTEST: Stephen L. Wri~Jht, Town~-C, Igr~ The foregoing Ordinance, having been introduced on the 6th day of January, 1994, coming for final consideration by Council Member Carpenter who moved its adoption the 20th day of January, 1994, which motion was duly seconded by Council Member Aguera, was upon roll call carded by the following vote: AYES: Council Members Aguera, Botto, Carpenter, Cross & Mayor Eagan NOES: None ABSENT: None I~athleen Eagan, Mayor ATTEST: S~h~n L.'r~right, To~C_j~r~: Ordinance 94-03 Page 3 EXHIBIT "A" TRUCKEE MUNICIPAL CODE TITLE 13 STREETS AND SIDEWALKS CHAPTER 13.01 STREET EXCAVATIONS ~ Definitions. For the purposes of this chapter, "street excavations" shall mean the opening, trenching, excavating, repairing, installing, adding to, removing, or otherwise altering any portion of any public street, alley, sidewalk, curb, gutter, or driveway, or any other facility existing within a public right-of-way area for any purpose whatsoever. ~ Permit Required. It is unlawful for any person, firm, or corporation to make or cause to be made any excavation without first having obtained a permit therefor as herein provided. A written application for a permit shall be submitted on a form provided by the Director of Public Works prior to the commencement of work. The Director of Public Works shall grant or deny the permit. The permit, if granted, shall be on such terms and conditions as specified by the Director of Public Works in the permit. Permits shall be secured at least five (5) days before the work is commenced, except in the case of emergencies. The permit shall provide a time limit within which the work shall be completed and shall be void if not completed within the dates specified unless an extension of time is granted, in writing, by the Director of Public Works. The Public Works Director may issue a yearly permit to public agencies for maintenance activities. 13.01.030 Appeals. Any person may appeal any decision or requirement of the Director of Public Works by filing a written appeal as provided by Chapter 2.04 of Title 2 of this Code. No work shall be done by the appellant pending the final determination of the appeal. 13.01.040 Emergency excavations. In the event of an emergency which requires an immediate excavation, a public utility company or a licensed contractor may make an excavation provided the person or firm making the excavation obtains a retroactive permit within four (4) hours after the next opening of Town offices. 13.01.050 Required inspections. Each phase of the work for which a permit has been granted shall be approved before proceeding with the succeeding phase of such work. Ordinance 94-03 Page 4 13.01.060 Specifications. Allwork shall be done in compliance with the Public Improvement Standards of the Town and all applicable safety orders, rules, and recommendations of the State Division of Industrial Safety. 13.01.070 Public Improvement Standards. The Town Council shall establish, by resolution, the Public Improvement Standards. 13.01.080 Inspection and fees. All work shall be done under the inspection and to the satisfaction of the Director of Public Works. The Town Council shall establish, by resolution, a schedule of fees for thc inspection of excavations, for surveying, or for any work in and on any public right-of-way or on other public property. 13.01.090 Liability_ of permittee. The permittee shall be responsible for all claims, demands, and liabilities for damages caused by any work herein permitted or caused by the permittee's failure to perform obligations under the permit or by performance in a careless or negligent manner. 13.01.100 License requirement. A permit shall not be granted unless the applicant holds a valid Town business license, when required, and is licensed by the State as a Specialty Contractor in accordance with Section 7058 of the Business and Professions Code. ~ Bond or deposit required. No permit shall be granted until a corporate surety bond is filed with the Director of Finance in a minimum amount of Five Thousand Dollars ($5,000.00) or such other amount as may be specified in the permit by the Director of Public Works. Such surety bond shall be conditioned upon the faithful performance of any work the permittee may undertake on such public streets for the protection of the Town and against damages to any street, sidewalk, or structure, or materials therein. Such bond shall he in favor of the Town and shall be approved by the Town Attorney as to form and sufficiency. In lieu of the above requirement, the permittee may deposit or may be required to deposit with the Director of Finance a cash bond in such amount as may be prescribed by the Director of Public Works. If the permittee fails to comply with the provisions of the permit, the Town may declare a forfeiture of the cash bond, or any portion thereof, and use the proceeds of such cash bond to complete the permitted work. The cash bond shall be refunded by the Director of Finance when all the work done by the permittee under the permit has been completed and approved by the Director of Public Works. In the event the permittee fails to comply with the requirements of the permit, the Director of Public Works shall give written notice to the permittee of noncompliance with such requirements, specifying the deficiencies in such compliance. Should the permittee fail to correct such deficiencies and complete the permitted work within five (5) days from receipt of the notice, the cash bond shall be declared forfeited. Upon such forfeiture, the Town may Ordinance 94-03 Page 5 use the proceeds of the cash bond to complete the permitted work. Such portion of the cash bond, if any, remaining after the payment for all work done by the Director of Public Works hereunder shah be refunded to the permittee, and such refund shall be accompanied by a statement of disbursements by the Director of Public Works in performing the work in the place and stead of the permittee. 13.01.120 Exception to bonding rea_uir~n~e~. Whenever any excavation is made directly by any public utility, public agency, or any crew of workers employed directly thereby, at the discretion of the Director of Public Works, the requirement for a performance bond as required by Section 13.01.110 of this chapter, may be waived. 13.01.130 Establishing datum. The datum of the United States Geodetic Survey is hereby adopted as the datum for the Town.