12.12.010 - Disturbance of streets—Permit.

It is unlawful for any person to make, or cause or permit to be made, any excavation in or under the surface of any public street, alley, sidewalk, or other public place for the installation, repair or removal of any pipe, conduit, duct or tunnel or for any other purpose, without first obtaining from the Office of Public Works a written permit to make such excavation. Said Office shall, before issuing such permit, require:

A.

First: Application for the permit shall be made in writing to the Office of Director of Public Works on forms furnished by said Office. The application shall contain such information as the Director of Public Works may require and be made in quadruplicate and filed with him or her for processing.

Plans and profiles in quadruplicate showing work to be done, location, limits of work, location of pavement replacement types, together with such further information as the Director of Public Works may require, shall be furnished by the applicant when requested by the Director of Public Works.

If an emergency street cut, opening, or excavation is made, application for a permit shall be made on the next working day.

If the street cut, opening, or excavation is to be made in a State Highway, the permittee shall also comply with all lawful regulations of the Division of Highways, Director of Public Works, state of California, and procure from such Division all lawful permits required therefor by the state of California.

B.

Second: That the applicant show legal authority to occupy and use, for the purpose mentioned in said application, the streets, alleys, sidewalks or other public places wherein the excavation is proposed to be made.

It is unlawful for any person to make, or to cause or permit to be made, an excavation, or to install or maintain, or to cause or permit to be installed or maintained, any tank, pipe, conduit, duct or tunnel in or under the surface of any public street, alley, sidewalk or other public place at any location other than that described in the application and shown on the plans filed by such person as required by the provisions of this title.

C.

Third: All permits granted under this chapter shall imply that all pipes, conduits, vaults, ducts, and other underground installations, shall be of the quality installed in the manner, and subject to the inspection prescribed elsewhere in the Oakland Municipal Code.

(Prior code § 6-2.01)

12.12.020 - Public utility annual permit.

Any public utility possessing a franchise to install, operate, maintain or use facilities in the streets covered by permit issued hereunder, although deriving its rights to occupy such streets from franchise, shall nevertheless procure such permit to the extent necessary to enable the city to exercise reasonably its police powers over the performance of work by such permittee under its franchise.

Such public utilities may submit requests to the Director of Public Works for an annual permit to perform minor repairs and service installations. If issued, such permit will carry with it all the conditions and responsibilities which would apply if individual permits were issued. The utility will furnish the city with a copy of its paving order, or other pertinent document, within twenty-four (24) hours after start of the work in the street at each location considered to be included in the annual permit, which document shall include the annual permit number.

(Prior code § 6-2.011)

12.12.030 - Default in payment of permit fees.

Whenever the Department of Public Works shall render to any person a bill, invoice or statement specifying the amount of the fees and costs incurred by the city for the necessary and satisfactory completion of the work covered by a permit issued to such person for such work under the provisions of this title, and charged to and payable by such person, payment in full of such fees and costs shall be made to the Office of Public Works within fifteen (15) days after such billing. Any such bill or statement shall be deemed to have been duly rendered when deposited in the United States mail, postage prepaid, directed to the person for whom intended at the address registered by him or her with the Department of Streets. If the fees and costs included in any such invoice, bill or statement are not paid in full within the said period of fifteen (15) days, no further application for a permit made by such obligor, as authorized by this title, shall be approved by the Director of Public Works until payment in full of such fees and costs has been made.

(Prior code § 6-2.012)

12.12.040 - Application for permit to excavate.

When application for a permit is made as provided for in Section 12.12.010, and such application to excavate and the details shown upon the accompanying plans, when such plans are required, comply with the terms of this title, and the regulations of the City Council, the application and plans shall be approved by the Director of Public Works. After such approvals, one of the plans shall be filed in the Office of the Director of Public Works as a public record. The application and one of the plans shall be filed with the Office of Public Works.

(Prior code § 6-2.02)

12.12.050 - Excavation for sewer connection.

When an application is made for a permit to excavate for the purpose of making a house connection with a sewer or for repair of the same, the person making such application shall pay a fee in accordance with the master fee schedule if such excavation is to be made in a dedicated street area.

(Prior code § 6-2.03)

12.12.060 - Excavation for storage tanks.

Whenever any person desires to install or repair a tank or tanks for the storage of gasoline or oil, said person shall obtain an excavation permit and pay a fee in accordance with the master fee schedule.

(Prior code § 6-2.04)

12.12.070 - Excavation for part of building.

When an application is made for permission to excavate within the sidewalk area for the purpose of maintaining a covered area-way, the construction plans of which are approved by the Building Inspector and a building permit issued therefor, the person making such application shall pay a fee in accordance with the master fee schedule covering only so much of the area proposed to be excavated as lies outside the walls of the structure of which the said building permit is issued.

(Prior code § 6-2.05)

12.12.080 - Form and conditions of permit.

The application, when approved and signed by the Director of Public Works or his or her authorized representative, shall constitute the permit. Permits shall be secured at least two working days before the work is commenced, except in the case of emergencies. Permits shall not be transferable. The permit shall provide a time limit within which the work shall be completed. The permit shall be void if the work is not commenced and completed within the date specified on the permit, unless an extension of time for good cause is granted as hereinafter provided.

(Prior code § 6-2.06)

12.12.090 - Revocation of permit.

Any permit granted hereunder may be revoked by the Office of Public Works for noncompliance with any of the provisions of this title.

Any public utility possessing a franchise to install, operate, maintain or use facilities in the streets covered by permit issued hereunder, although deriving its rights to occupy such streets from franchise, shall nevertheless procure such permit to the extent necessary to enable the city to exercise reasonably its police powers over the performance of work by such permittee under its franchise.

(Prior code § 6-2.061)

12.12.100 - Notice of commencement of work.

At least two working days before the work is started the permittee shall give notice of the time of commencement of the work to the Director of Public Works. Similar notice shall be given to the Police Department and/or Fire Department, if requested on permit.

(Prior code § 6-2.062)

12.12.110 - General requirements in performance of work.

A.

The Office of Public Works shall adopt such regulations for workmanship, location, size and depth of excavations as it may deem necessary for the public convenience and welfare.

B.

Any monument of granite, concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point within the city shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the City Manager to do so (a copy of which shall be filed in the office of the City Engineer before it becomes effective); said permission to be granted upon condition that the person applying therefor shall cause to be replaced at his or her expense, by the City Engineer of this city, the monument so removed or disturbed.

C.

In the areas hereinafter designated as "Limited Operations Area" the following requirements 1, 2, 3 and 4, in addition to all others specified in this title, shall apply:

1.

No work that will interfere with traffic shall be performed in any public street or roadway during the hours of seven a.m. to nine a.m. and four p.m. to six p.m. (except Sundays and Holidays).

2.

No equipment, construction materials or excavated material that will interfere with traffic shall be stored on any public street or roadway during hours noted above.

3.

All trenches and excavations in any public street or roadway shall be backfilled and opened to traffic, or covered with suitable steel plates securely placed and opened to traffic at all times except during actual construction operations, or where otherwise permitted in writing by the City Engineer.

4.

Each section of work shall be completed or temporarily paved and open to traffic in not more than five days after commencing work unless otherwise permitted in writing by the City Engineer.

Nothing herein specified shall prohibit emergency work and/or repair necessary to insure public health and safety.

D.

The work shall be coordinated with other agencies or concerns working in the area to the satisfaction of the Director of Public Works.

(Prior code § 6-2.07)

12.12.120 - Limited operation areas.

Limited operation areas shall be those streets so designated by resolutions duly passed by the Council of the city at a regular meeting thereof.

(Prior code § 6-2.071)

12.12.130 - Compliance with state safety orders and applicable laws.

The permittee shall obey and enforce all lawful safety orders, rules and recommendations of the Division of Occupational Safety and Health of the Department of Industrial Relations of the state of California applicable to the work and shall comply with all applicable state and local laws, ordinances, codes and lawful regulations.

(Prior code § 6-2.091)

12.12.140 - Storage of materials in public right-of-way.

Construction materials may not be stored in the public right-of-way for more than five days after unloading. The placement of construction materials stored in the public right-of-way is subject to review and approval of the Engineer. In no case shall such storage cause unreasonable inconvenience to the public. Construction equipment shall not be stored in the public right-of-way prior to its actual use at the work site and not more than five days after its use is no longer required to perform the work. Unless otherwise approved by the Engineer in writing the permittee shall be subject to the street obstruction charges according to the city master fee schedule for storage of construction materials and equipment in the public right-of-way exceeding the specified five-day period.

Street obstruction fees may be waived if, in the opinion of the Engineer, the permittee was delayed in removing his or her materials and equipment from the public right-of-way by unforeseen events beyond his or her control. Labor disputes, strikes, fires and adverse weather conditions may constitute such a delay.

Failure of the permittee to remove his or her construction equipment and materials from the public right-of-way within twenty-four (24) hours of due notice shall authorize the city to impound said materials and equipment. Costs incurred by the city in performing this work shall be charged to the permittee and are subject to collection.

(Prior code § 6-2.093)

12.12.150 - Completion of work by city.

If, in the judgement of the Director of Public Works, the work is unduly delayed by the permittee, for whatever reason, if the public interests reasonably so demand that immediate action be taken, the Director of Public Works, or his or her authorized representative, may order the condition remedied by written or oral, including telephonic, communication to the permittee. If the permittee cannot be contacted or does not take immediate action, the Office of Public Works shall have full power to complete said work, or may contract for the completion of said work, and the cost thereof, including administrative expense, shall be charged to the permittee.

(Prior code § 6-2.10)

12.12.160 - Money collected.

All money collected by the Director of Public Works for the costs of replacements and inspection thereon as provided herein or in accordance with the master fee schedule, shall be credited to the general fund of said city.

(Prior code § 6-2.101)

12.12.170 - Use of area by city.

At all times during the performance of the work the city shall have the right to use all or any part of the area occupied by the permittee under the permit.

(Prior code § 6-2.112)

12.12.180 - Notice of completion.

Notice of completion shall be filed with the Director of Public Works by the permittee within ten days after completion of the work.

(Prior code § 6-2.114)

12.12.190 - Street maintenance.

After the completion of the work, the permittee shall exercise reasonable care in inspecting for and immediately repairing and making good any injury or damage to any portion of the street which occurs as a result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done.

The permittee shall, upon notice from the Director of Public Works or his or her authorized representative, immediately repair any injury or damage in any portion of the street which occurs as a result of the work done under the permit, including any and all damage to the street which would not have occurred had such work not been done, and which, in the opinion of the Director of Public Works or his or her authorized representative, constitutes a public hazard. In the event such repairs are not made by the permittee within twenty-four (24) hours after notice, the Director of Public Works is authorized to make such repairs.

(Prior code § 6-2.115)

12.12.200 - Responsibility for accidents.

The permittee shall be responsible for all claims and liabilities arising out of work performed under the permit or arising out of permittee's failure to perform the obligations with respect to street maintenance. The permittee shall, and by acceptance of the permit agrees to, defend, indemnify, save and hold harmless the city, its officers and employees, from and against any and all suits, claims or actions brought by any person for or on account of any bodily injuries, disease or illness or damage to persons and/or property sustained or arising in the construction of the work performed under the permit or in consequence of permittee's failure to perform the obligations with respect to street maintenance.

(Prior code § 6-2.116)

12.12.210 - Defects appearing after completion—Duty to repair.

If the pavement or surface of the street over said excavation should become depressed or broken at any time after the work has been completed—natural wear of the surface or improper work of some other party excepted—the permittee shall, upon written notice from and an opportunity to be heard by the Director of Public Works or his or her authorized representative, make immediate repairs to the satisfaction of the Office of Public Works.

If said pavement is not completely restored within thirty (30) days after such notice has been given, the Office of Public Works shall have the authority to perform the restoration work at the expense of the permittee.

(Prior code § 6-2.117)

12.12.220 - Excavations—Supervision of Director of Public Works.

All excavations, refilling of excavations and repairing of street surfaces, pursuant to the provisions of this title, shall be made under the supervision and direction of the Director of Public Works/Superintendent of Streets to supervise and direct all such making and refilling of excavations, and repairing of street surfaces, and to require that all such excavations refilling and repairing comply with the requirements of the provisions of this code and of the ordinances of said city.

(Prior code § 6-2.13)

12.12.230 - Conduits of utilities—Maps of locations.

It is made the duty of every person owning, using, controlling or having an interest in pipes, conduits, ducts or tunnels under the surface of any public street, alley, sidewalk or other public place for supplying or conveying gas, electricity, communications, water, steam, ammonia or oil in, to, or from the city, or to or from its inhabitants, or for any other purpose, upon demand of the Director of Public Works, to file in the Office of the Director of Public Works upon a twenty-four (24) hours' notice, such map or set of maps as shall be demanded by said Director of Public Works, which said map or set of maps shall show in detail the exact location, size, description and date of installation, if known, of all mains, laterals, services and service pipes, and of all valves, pressure regulators, drips, manholes, handholes, transformer chambers or other appliances installed beneath the surface of such public streets, alleys, sidewalks or other public places in the city belonging to, used by, or under the control of, such person, or in which such person has any interest. It shall be the duty of every person, upon demand of said Director of Public Works, upon twenty-four (24) hours' notice, to file such corrected map or sets of maps as shall be demanded by the Director of Public Works, showing the complete installation of all such pipes and other appliances, including all installations made during the previous year, to and including the last day of such year. Each such map shall be accompanied by an affidavit endorsed thereon, subscribed and sworn to by such person or by a member of the firm or by the president or secretary of the corporation or their authorized representative, to the effect that the same correctly exhibits the details required by this title to be shown thereon.

Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any public street, alley or other public place, or the use thereof is abandoned, the person owning, using, controlling or having an interest in the same, shall within thirty (30) days after such abandonment, upon demand by the Director of Public Works, file in the Office of the Director of Public Works a map giving in detail the location of the pipe, conduit, duct, tunnel or other structure so abandoned. Each map or set of maps filed pursuant to the provisions of this section shall show in detail the location of all such pipes, conduits, ducts, tunnels or other structures abandoned subsequent to the filing of the last preceding map or set of maps.

The owner of any facility installed in accordance with the provisions of this title shall bear all costs of moving, removing, shoring up, supporting or protecting said facility in the event it becomes necessary for the city or its authorized contractor to trench or excavate under or adjacent to said facility during the construction, reconstruction, repair or maintenance of any city street or any city-controlled public sanitary or storm sewer under or adjacent to said facility.

(Prior code § 6-2.14)

12.12.240 - Excavations in areas between curb and sidewalk—Permit.

It is unlawful for any person to make, or to cause or permit to be made, any excavation under, or to remove or to cause or to permit to be removed, any earth, dirt, or other formation from under that portion of sidewalk lying between the curbline and a line parallel thereto and distant therefrom one-fourth of the legal width of the sidewalk.

Provided, however, that the Director of Public Works may approve a permit for the making of excavations under the aforementioned portion of any sidewalk. Before any such permit is issued, however, a request in writing to the Director of Public Works shall be made therefor, accompanied by a detailed plan of such excavation, showing the proposed location thereof, all appurtenances thereto and the purposes for which it is to be used. Any such excavation shall be so constructed and maintained as to afford lateral, sublateral, adjacent and overhead support of the surrounding embankments and structures satisfactory to the Director of Public Works.

This section shall not prevent the necessary excavation for laying pipes or sewer connections across such portions of the sidewalks. Any permit issued under the provisions of this section may be revoked at any time by the City Council when, in its judgement, the public need requires it. The city shall have the right to use any portion of the excavated area constructed or maintained under the authority of the aforementioned permit for the construction and maintenance of sewers, pipelines, conduits and other public work and improvements.

(Prior code § 6-2.15)

12.12.250 - Excavations—Disposition of surplus materials.

All surplus materials removed under the provisions of this title relative to excavations shall, if required by him or her, be delivered to such points as the Director of Public Works shall direct, provided the distance such material is required to be hauled does not exceed one mile.

None of the provisions of this title relative to excavations shall apply to any work done or to be done along, in or upon any public street, alley or other public place pursuant to any law of the state of California providing for the improvement thereof, or to any work done or to be done along, in or upon any such street, alley or other public place pursuant to any contract for improvement authorized by the City Council, nor to excavations made by any department, board or officer of the city in the discharge of its or his or her official duties; provided, however, that the provisions contained in Section 12.12.110 shall apply to all such work and to all excavations to be made along, in or upon any public street, alley or other public place.

(Prior code § 6-2.16)

12.12.260 - Trenching/excavation restrictions.

No trenching or excavation shall be permitted in any street that has been constructed or resurfaced within a five-year period prior thereto, without express permission of the Director of Public Works. Emergency work is exempted from this title.

(Prior code § 6-2.161)

12.12.270 - Excavations—Emergencies.

Nothing in this title relative to excavations shall be construed to prevent any person maintaining any pipe or conduit in any public street, alley or public place by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the preservation of life or property when such necessity arises; provided that the person making such excavation shall obtain a permit therefor on the next working day.

(Prior code § 6-2.17)

12.12.280 - Excavation permits subject to rights in others.

Every permit for an excavation in or under the surface of any public street, alley or other public place shall be granted subject to the right of the city, or of any other person entitled thereto, to use that part of such street, alley or other public place for any purpose for which such street, alley or other public place may be lawfully used.

(Prior code § 6-2.18)