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conflict with Title 13 of the Truckee Mutficipal Code as herein enacted, is hereby repealed as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.
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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.