City of Las Vegas, NM Article V Excavations in Public Thoroughfares

§ 377-31 Application.

A. No person may disturb or excavate by digging or tunneling any street, alley, sidewalk, parkway or any public place or property owned, controlled or maintained by the City of Las Vegas, New Mexico, without prior approval from the City Manager or his designated agent.

B. Applications shall be filed with the City Manager and shall contain the name and address of the applicant, the location of the proposed disturbance and the proposed beginning and ending dates of the disturbance. The application shall state whether alternate dates would be acceptable to the applicant. The City Manager may require additional information as necessary to carry out the purposes of this section.

§ 377-32 Permit fee and approval.

Upon receipt of a complete application, the City of Las Vegas will inspect the area in which the disturbance is to be made, determine the present condition of the area to be disturbed, determine a reasonable cost for repairing the disturbance, and notify the applicant of the cost. After the cost has been determined, the applicant shall submit to the City advance payment of the cost of repairing the disturbance and any applicable permit fee. The City Manager may not approve any application until the estimated cost of repairing the disturbance and the permit fee have been paid to the City.

§ 377-33 Repairs after excavation.

To insure that excavations and other disturbances of public thoroughfares do not create future road maintenance problems, repair of all disturbances and excavations covered by this article shall be done by the City of Las Vegas Public Works Department. Nothing in this chapter shall be deemed to excuse any person, disturbing or excavating City streets, from taking all reasonable precautions to prevent injuries or accidents arising from the disturbance or excavation. He shall be required to flag disturbed areas and otherwise insure that the disturbed areas are safe to motor vehicle traffic and pedestrians. Any person conducting activities covered by § 377-31 without an approval permit shall be liable for twice the cost of repairing such disturbance and the cost of all other damages he causes.

§ 377-34 Return of charge against bond.

After completion of the repairs to the public thoroughfares, the City of Las Vegas shall return to the permit holder any prepaid funds which were not required to cover the cost of the repair.