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

It is unlawful for any person or permittee 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. Any fill material or empty space under any portion of the sidewalk or the curb and gutter caused by permittee shall be properly backfilled and compacted to the satisfaction of the Engineer.

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, 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 judgment, 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)

(Ord. No. 13300, § 1, 3-31-2015)