The provisions of this chapter apply only to permits for the making of excavations, fills or obstructions. (Ord. 222 § 45, 1955).

The application for a permit for the making of excavations, fills, or obstructions in any highways shall state in detail:
A. The location, dimensions, purpose, extent and nature thereof;
B. The time during which it is estimated that such excavation or obstruction will exist. (Ord. 222 § 46, 1955).

When excavations are made for service connections or for the location of trouble in conduits or pipes, or for making repairs thereto, the commissioner may waive the filing of a plat. Otherwise each applicant for an excavation permit shall file with the application a plat in quadruplicate showing the highways in which the proposed excavation will be made, together with the exact locations and dimensions of the proposed excavations, and any other details which the commissioner requires. (Ord. 222 § 47, 1955).

Each applicant for a permit shall file with the commissioner proof of the applicant’s right to use the highways for the purposes set forth in the application. (Ord. 222 § 48, 1955).

The commissioner may make such changes in the application as to location, dimensions, character and number of the proposed excavations or obstructions as in his opinion are necessary for the protection of the highways within which it is proposed that the work be performed or for the prevention of undue interference with traffic or the safety of persons using the highways. (Ord. 222 § 49, 1955).

Every application shall contain a statement, signed by the applicant, that if any tank, pipe, conduit, duct, or tunnel placed in the excavation or obstruction for which a permit is issued, interferes with the future use of the highway by the general public, then the applicant and his successors or assigns will at his own expense remove such tank, pipe, conduit, duct, or tunnel, or relocate at a location designated by the commissioner. (Ord. 222 § 50, 1955).

Except in the case of construction under contract with the county where a faithful performance bond is posted which guarantees to the county the repair of the highway, including construction financed in whole or in part by special assessments, each applicant for a permit in addition to payment of the issuance fee shall deposit with the commissioner a sum of money in no event less than ten dollars, which is twice the estimated cost to the nearest five dollars of repairing the surface of the highway which may be damaged or destroyed by the proposed excavation or obstruction.

The cost shall be estimated by multiplying the number of square feet of surface which may be damaged as shown by the application and plat, and the number of inches of thickness, plus one inch, by such sum as the board of supervisors by order determines to most adequately represent the actual cost. Such order shall in no event specify a sum greater than twenty-five cents. The board of supervisors may change and revise such order from time to time. In the absence of any such order the amount shall be ten cents.

In all cases the cost shall be presumed to be not less than one dollar. (Ord. 222 § 51, 1955).

In lieu of making the special deposit required by Section 11.20.070 the applicant may make and maintain with the commissioner a general deposit in an amount estimated by permit issuance fees and expected repairs occasioned by future excavations or obstructions. The general deposit shall be held and used for the same purposes as the special deposit prescribed by Section 11.20.070. (Ord. 222 § 52, 1955)

In lieu of making either a general or a special deposit, or to supplement a general deposit not sufficient in amount, the applicant may file an undertaking with the commissioner in a penal sum not less than one thousand dollars, executed either by two good and sufficient sureties or by a corporation incorporated for the purpose of making, guaranteeing, or becoming a surety upon bonds or undertakings, complying with Section 1056 of the Code of Civil Procedure, and by the applicant conditioned upon the payment of all fees and other charges required by this article, which may become due because of any permits issued during a period of not less than one year. (Ord. 222 § 52.1, 1955).

While a general deposit is maintained, or while an undertaking is filed, either or both of which any of an amount sufficient to cover the amount of deposit required for the making of any excavation or obstruction sought to be made, the applicant need not make any special deposit. (Ord. 222 § 53, 1955).

If, in the opinion of the commissioner, any special deposit or any undertaking is not sufficient for the proper protection of the public interest in the highways in which it is proposed to excavate or on which it is proposed to place obstructions, the commissioner may require an additional deposit, or that the amount of the undertaking be increased to such an amount as he determines will be sufficient to protect such public interest. (Ord. 222 § 54, 1955).

If an applicant for a permit complies in all respects with this article and with all applicable provisions of all other ordinances and statutes, the commissioner shall approve the application and plat filed therewith. Upon approval such application and such plat shall become public records. (Ord. 222 § 55, 1955).

When the commissioner approves an application for a permit he may issue the permit applied for. (Ord. 222 § 56, 1955).

In any permit issued by him the commissioner may specify what lights, barriers, warning signs or other measures designated to protect the traveling public must be erected by the permittee. (Ord. 222 § 57, 1955).

If the permit does not specify what lights, barriers, warning signs or other measures must be erected by the permittee, the permittee shall place and maintain warning lights at each end of such excavation or obstruction and at distances of not more than fifty feet along an excavation or obstruction from sunset of each day to sunrise of the next day, until such excavation is entirely refilled and resurfaced or such obstruction is removed and every said person shall place and maintain barriers not less than three feet high at each end of any said excavation or obstruction at all times until such excavation is entirely refilled or such obstruction is removed.

The upper portion of each of these barriers shall consist of a substantial sign approximately one foot high and four feet wide and on each side thereof bearing a sign complying with one of the following requirements:
A. In letters not less than three inches high and neither yellow nor black, bearing the name of the permittee, on a background of alternate three inch black and yellow stripes. The stripes shall be at an angle between forty-five and sixty degrees from the horizontal.
B. In letters not less than six inches high, bearing the word “excavation” or “obstruction.” (Ord. 222 § 58, 1955).

Permits issued hereunder are nontransferable. (Ord. 222 § 59, 1955).

The commissioner may cancel a permit unless the work therein permitted is commenced within sixty days of the issuance thereof and thereafter, in the opinion of the commissioner, is diligently prosecuted to completion. (Ord. 222 § 60, 1955).

Every permittee who makes or causes to be made any excavation, or constructs, puts upon, maintains, or leaves any obstruction or impediment to travel, or piles or places any material upon any highway, or installs or maintains or causes to be installed or maintained any tank, pipe, conduit, duct, or tunnel in or upon, or under the surface of any highway, at any location other than that described in the application, as amended, if amended, by the commissioner, and shown in the plat filed with such application, or in any way contrary to the terms of the permit, is guilty of a misdemeanor. (Ord. 222 § 61, 1955).

Immediately upon completion of the work necessitating the excavation or obstruction permitted by any permit issued pursuant to this chapter, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction. (Ord. 222 § 62, 1955).

A permittee shall refill an excavation in the manner which the commissioner determines is most effective to accomplish thorough consolidation and enable the highway to be restored to a condition equivalent to that in which it was prior to the excavation. (Ord. 222 § 63, 1955).

If any permittee fails or refuses to refill any excavation which he has made, or remove any obstruction which he has placed in any highway, the commissioner may so do and charge the cost thereof to the permittee. (Ord. 222 § 64, 1955).

Upon completion of the refilling of the excavation the permittee shall so notify the commissioner, in writing on a form prescribed by the commissioner. (Ord. 222 § 65, 1955).

Upon completion of the refilling of the excavation the commissioner, at his option, may require the permittee to resurface that portion of the highway surface damaged by the permittee’s excavation or obstruction, or the commissioner may elect to do such resurfacing himself. Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement, or surface, and, in no event, to a thickness less than two inches.
Where a treated or modified subgrade or surface has been removed or destroyed, the permittee shall replace it to a thickness of not less than that of the surrounding or adjacent subgrade or surface, unless the road commissioner orders that the repair of such treated or modified subgrade or surface shall be made by an oil and rock mixture, in which case the thickness shall not be less than one-half the thickness of the treated or modified surface or subgrade. (Ord. 222 § 66, 1955).

If after the refilling of an excavation the permittee fails or refuses to resurface that portion of the surface of the highway damaged by him, or if the commissioner elects to do such resurfacing, the commissioner may do such resurfacing. The cost of such resurfacing shall be charged against the permittee except in those instances where the permittee’s excavation is within an area of pavement to be immediately reconstructed by the county, and the resurfacing of the excavation is an integral part of the general county improvement. The cost shall be computed as provided in Section 11.20.070. (Ord. 222 § 67, 1955).

The county shall deduct from any deposit made or maintained by the permittee:
A. The permit issuance fee if that has not otherwise been paid;
B. The cost to the county of refilling any excavation or removing any obstruction;
C. The cost to the county calculated pursuant to the provisions of Section 11.20.070, of resurfacing the highway;
D. The cost of any inspection by the commissioner.
(Ord. 222 § 68, 1955).

After making the deductions specified in Section 11.20.250, the county shall refund to the applicant any amount still remaining in the same manner as provided by law for the repayment of trust moneys. (Ord. 222 § 69, 1955)

If any deposit made is less than sufficient to pay all fees and costs provided for in Section 11.20.250, the permittee shall, upon demand, pay to the commissioner an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the county may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full a permit shall not be issued to such permittee. (Ord. 222 § 70, 1955).

If a person makes and maintains with the commissioner either a general deposit or an undertaking as permitted by this article the deductions hereinbefore provided for need not be made.

In lieu of such deductions, the commissioner may bill such person for the amount owed by him to the county, under the provisions of this article. If such an amount is not paid within fifteen days of the transmission of such bill, the commissioner may deduct such amount from the general deposit, and the provisions of Sections 11.20.250, 11.20.260 and 11.20.270 shall apply, or may recover upon such undertaking. (Ord. 222 § 71, 1955).

If at any time subsequent to the first repair of the surface of a highway damaged or destroyed by an excavation or obstruction in such highway, it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation or obstruction, the permittee shall pay to the commissioner the cost of such additional repairs.

If the permittee fails or refuses to pay such additional costs upon demand, the county may recover such additional costs by an action against such permittee in any court of competent jurisdiction. Until such costs are paid the commissioner shall not issue any permits to such permittee. (Ord. 222 § 72, 1955).