Unless the provisions or context of this title otherwise require:
"City"
means the city of Fountain Valley, California.
"Drainage facilities"
means any public storm channel, pipe, flume or ditch.
"Engineer"
means the public works director-city engineer of Fountain Valley, the street superintendent of Fountain Valley or their authorized representative.
"Excavation"
means any opening in the surface of a public highway made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place.
"Highway"
means any public highway, public street, public way or public place in the incorporated territory of the city of Fountain Valley, either owned by the city or dedicated to the public for purpose of travel.
"Obstructing property"
means and includes any property, rail, tie, wire, pipe pole, conduit, sign, or any device, fixture, appliance or structure appurtenant thereto, installed, affixed or located in, upon, over or under any public street in this city.
"Paving"
means the impervious asphaltic or concrete surfacing applied in the public right-of-way for the purpose of providing a smooth traveled way for vehicular traffic.
"Person"
includes any individual, firm copartnership, joint adventure, association, corporation, estate, trust, business trust, this state, any county and all departments and bureaus thereof except the street department of this city, municipality, district or other political subdivisions thereof, or any other group or combination acting as a unit.
"Public agency"
means and includes the United States or any department or agency thereof, the state of California or any department or agency thereof, county, municipal corporation or public district.
(Ord. 117 § 1.01, 1962)
Applications for permits hereunder shall be filed not less than forty-eight hours before the work is proposed to be done, of which sixteen hours are to be normal working hours of the city.
(Ord. 117 § 2.02, 1962)
The application shall be accompanied by a plat showing the location, dimension, nature of the proposed street activity, and any other detail which the engineer may require.
(Ord. 117 § 2.03, 1962)
Each applicant for a permit shall submit to the engineer satisfactory proof of the applicant's right to use the highway for the purpose set forth in the application.
(Ord. 117 § 2.04, 1962)
The engineer may require such changes in the application respecting the location dimensions, character or number of the proposed excavations, fills or obstructions as in the engineer's opinion may be necessary for the protection of the highway, the prevention of undue interference with traffic, or to assure the safety of persons using the highway.
(Ord. 117 § 2.05, 1962)
Whenever in this title any fees are to be charged to any permittee and no other method for the calculation thereof is specified, such cost shall be the actual cost, including the proportionate part of the salaries, wages or other compensation of any deputy or employees, plus the cost of overhead.
(Ord. 117 § 2.06, 1962; Ord. 1254 § 2, 1996)
If the United States, this state, this or any other city, any municipal corporation, school district or other public body files with the city engineer a written guarantee of payment of all costs for which they may become liable to the city hereunder, then no deposit for costs shall be required from such persons. No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to Section 6103 of the Government Code of the state of California.
(Ord. 117 § 2.07, 1962)
If the applicant for a permit hereunder complies in all respects with this title and with all other applicable laws, rules, regulations or ordinances of the city or of any other public agency and pays the fees and deposits required by this title, the engineer may approve the application and issue the permit.
(Ord. 117 § 2.08, 1962)
The city shall deduct from any deposit made or maintained by the permittee:
(1) 
The permit issuance fee if it has not otherwise been paid;
(2) 
The cost to the city of refilling any excavation, removing any obstruction or the placing or replacing of any safety devices;
(3) 
The cost to the city of resurfacing or repairing the highway calculated pursuant to the provisions of Sections 13.12.110 or 13.16.070.
(4) 
The cost of the city of any additional repairs or emergency service such as installing safety devices as provided in Section 13.08.200.
(5) 
The cost of any inspection by the engineer made necessary by the failure of the permittee to comply with any provision of this title or the terms or conditions of the permit.
(6) 
The cost of surveys to re-establish survey monuments destroyed during construction. The cost of all materials utilized in re-establishing sand survey monuments.
(7) 
The cost of signs and labor to replace street name or traffic signs removed or damaged by construction.
After making the deductions specified above, the city shall, unless the deductions are made from a general deposit, refund any balance to the applicant in the same manner as provided by law for the repayment of trust moneys. The balance remaining in the general deposit shall be retained by the public works department and applied to issuance fees and costs in connection with any future excavations, fills, or obstructions pursuant to a permit issued hereunder unless a written demand for the balance be made by the depositor, in which event any balance therein shall be refunded in the same manner as provided by law for the repayment of trust moneys.
(Ord. 117 § 2.09, 1962)
If any deposit is insufficient to pay all fees and costs herein provided, the permittee shall, upon demand, pay to the city an amount equal to the deficiency.
(Ord. 117 § 2.10, 1962)
If a permittee, upon demand, fails to pay any deficiency as provided in Section 13.08.110 or fails to pay any other costs due the city hereunder for which no deposit has been made, the city may recover the same by an action in any court of competent jurisdiction. Until such deficiency or cost is paid in full, a permit hereunder shall not thereafter be issued to such permittee.
(Ord. 117 § 2.11, 1962)
Nothing in this title prohibits any person from making such excavation as may be necessary for the preservation of life or property when necessity arises during such hours as the offices of the city are closed, if the person making such excavation obtains a permit therefor, within twenty-four hours after the offices of the public works department are first opened, subsequent to the making of such excavation, and that if the person making such an excavation notifies the city law enforcement agency prior to making such excavation.
(Ord. 117 § 2.12, 1962)
No person shall, without written permission of the engineer, install any substructure, except manholes, vaults, valve casings, culverts, and catch basins at a distance less than:
(1) 
STREETS Thirty inches below the design finished surface of the roadway.
If said finished surface elevation is not established, then the depth shall be at a minimum of thirty-six inches below the surface of the outermost edge of the traveled portion of the street.
(2) 
PARKWAY
A. 
The minimum depth of any substructure shall be sixteen inches below established gutter grade when said substructure parallels the parkway.
B. 
The minimum depth of any substructure shall be twelve inches below the top of the established sidewalk or curb when such substructure is at right angles to the parkway.
(3) 
OTHER PUBLIC PLACES The minimum depth of any substructure in any other public place shall be twelve inches below the surface; provided, however, that the engineer may permit a lesser depth in special cases.
Nothing in this section shall impose a duty upon the permittee to maintain said specifications as required herein upon subsequent changes of grade in the surface unless the grade in said substructure interferes with the maintenance of, or travel on, a public street.
(Ord. 117 § 2.13, 1962)
All excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and all other vital equipment as designated by the public works department.
(Ord. 117 § 2.14, 1962)
Whenever the use of a substructure is abandoned, except the abandonment of a service line designed to serve a single property owner, the person owning, using, controlling, or having an interest therein, shall within thirty days after such abandonment file with the city engineer a statement in writing giving in detail the location of the substructure so abandoned. If such abandoned substructure is in the way, or subsequently becomes in the way, of an installation of the city or any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the city or any other public body.
(Ord. 117 § 2.15, 1962)
The permittee shall not interfere with any existing utility without the written consent of the public works department and the owner of the utility. If it becomes necessary to relocate an existing utility, this shall be done by its owner. No utility owned by the city shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across said work. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.
(Ord. 117 § 2.16, 1962)
Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey bench mark within the city, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the engineer so to do. Permission to remove or disturb such monuments, reference points or bench marks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of this monument by the public works department. A contractor disturbing any monument or bench mark during construction activity shall forfeit an additional one hundred dollars out of the deposit on hand or shall pay one hundred dollars toward the resetting thereof upon demand by the city.
(Ord. 117 § 2.17, 1962)
This title shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any work for which a permit is issued hereunder, nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder the issuance of any permit or the approval of any work.
(Ord. 117 § 2.18, 1962)
(a) 
Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws and building and construction codes shall be observed. The engineer may specify as a condition of the issuance of the permit, the safety devices or measures to be used by the permittee. Failure of the engineer to so specify the devices or measures to be used shall not relieve the permittee of his obligation hereunder.
(b) 
The contractor shall take all necessary measures to protect the work and prevent accidents during construction. The contractor shall provide and maintain sufficient night lights, signs, barricades, flagmen, temporary sidewalks and surfacing, appropriate temporary bridges, danger signals, watchmen and other appliances and safeguards which are necessary to properly safeguard life and property. "No Parking" signs shall not be placed without proper authority.
(c) 
Removing or relocating existing traffic signs: No traffic regulating, warning, directional or street name signs shall be removed from the area of the work or relocated therein unless so indicated on the plans or unless so ordered by the engineer. Signs shall be removed and replaced as directed by the engineer.
(d) 
The contractor shall provide necessary access to adjoining property.
(e) 
Fire hydrants shall be left clear for hose connections at all times.
(f) 
The contractor shall remove surplus materials that are in excess of requirements for, or will not be used in the backfill, immediately after an excavation has been made.
(g) 
All trenches across intersections shall be provided with temporary bridges to allow not less than one lane of. traffic to flow in each direction. The length of trench to be bridged shall be as specified in the specifications or as directed by the engineer with the cooperation of the police department.
(h) 
For business areas and in other areas where traffic is heavy, in order to provide a maximum amount of street area for use of vehicles and pedestrians, compliance with any or all of the following conditions may be required:
(1) 
Remove all excavated materials from the site immediately;
(2) 
Store excavated materials in approved boxes or bins placed as not to obstruct traffic or create a hazard;
(3) 
Construction materials shall be stored off the site and shall not be brought into the street prior to the time needed on the job;
(4) 
Construction equipment shall be placed in the street in a manner to least obstruct traffic, and shall not be stored in the street when not in use;
(5) 
Work only during off-peak traffic hours.
(Ord. 117 § 2.19, 1962)