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NS-2447
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1/3/2012 1:02:01 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2447
Date
10/2/2000
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178 <br /> <br />Section 33-32.12 Emergency Excavations. <br /> <br /> Nothing in this chapter shall be construed to prevent any person maintaining any <br />pipe, conduit, or duct in or under any street, alley, sidewalk, or other public place by <br />virtue of any law, ordinance or permit, from making such excavation as may necessary <br />for the preservation of life or property when the necessity arises, provided that the <br />person making the excavation shall notify the director within one (1) day after the offices <br />of the City are first opened subsequent to the excavation. Except as specifically <br />provided otherwise in this Chapter, excavations authorized by this section shall be <br />subject to all fees and requirements of this Chapter. <br /> <br />Section 33-32.13 Blanket Permits. <br /> <br /> The director may issue blanket permits to any person to make excavations for <br />utility service connections, for the location of trouble in utility conduits or pipes and for <br />making repairs thereto, or for emergency purposes. Blanket permits shall be issued on <br />a yearly basis only, and shall authorize only excavations referred to in this section. <br />Except as specifically provided otherwise in this chapter, excavations authorized by this <br />section shall be subject to all fees and requirements of this chapter. <br /> <br />Section 33-32.14 Liability of City. <br /> <br /> Pursuant to the protections of the California Tort Claims Act, neither the City nor <br />any officer, agent, employee or volunteer thereof shall be held responsible for any <br />damages caused by any excavations in any street, alley, sidewalk or other public place <br />made by any person under the authority of a permit issued pursuant to the provisions of <br />this Article. The permittee shall be solely liable for any damage or loss occasioned by <br />any act or omission occurring in connection with excavation, and shall fully indemnify, <br />hold harmless and defend City, its officers, agents, employees or volunteers from and <br />against any and all suits, actions, judgements, losses, costs, demands, claims, <br />expenses (including attorney's fees), damages, and liabilities of every kind to which the <br />City, its officers, agents, employees or volunteers may be subjected to for injury of any <br />type, death or property damage arising from or connected with any such act or <br />omission. City shall promptly notify permittee, at the address set forth in the permit, of <br />any claim or suit served upon the City and alleging negligent or wrongful conduct by the <br />permittee in connection with an excavation. <br /> <br />Section 33-32.15 Notice for Marking of Subsurface Facilities. <br /> <br /> In accordance with State law, any person excavating in the public right-of-way <br />shall comply with the requirements of the Underground Service Alert ("USA") regarding <br />notification of excavation and marking of subsurface facilities. Such person shall <br />provide USA with the assigned number for the permit to excavate or other information <br />as may be necessary to properly identify the proposed excavation. <br /> <br />Ordinance No. NS-2447 <br />Page 8 of 12 <br /> <br /> <br />
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