All rules promulgated by the common council for this article
are ratified and confirmed.
[Res. No. 67-92, § 1, 4-28-1992]
Unless otherwise provided by the rules and regulations of the
department of public works in connection with excavations or obstruction
of right-of-way, any person making or causing to be made an obstruction,
excavation or opening in any street, sidewalk or other public place
in the City shall keep the obstruction, excavation or opening properly
guarded at all times in accordance with the rules or regulations of
the department of public works. No unauthorized person shall remove
or interfere in any way with any light, fence, or barricade at the
site of an excavation.
[Code 1971, § 26-40]
All work under a permit issued pursuant to this article shall
be under the supervision of the director of public works and in conformity
with the requirements of this article.
[Res. No. 67-92, § 2(26-41), 4-28-1992]
All work shall be started within two weeks after the receipt
of the permit under this article and shall be pursued diligently and
continuously until such work is completed.
[Code 1971, § 26-42]
In no case shall a person open or remove a greater area of surface
or make any excavation or opening at another location than that specified
in the original or supplementary application for a permit pursuant
to this article, provided that if, at the time of actually doing the
work, it shall be necessary to open or remove a greater area of surface
than originally applied for, the applicant shall first notify and
procure the consent of the director of public works to do so, upon
the express condition that he shall and will, before noon of the following
business day, file a supplementary application for the making of the
additional excavation.
[Code 1971, § 26-43]
(a)
Not more than two-thirds of the width of the street shall be opened
at one time. The other third shall remain untouched for the accommodation
of traffic until one-half of the first two-thirds is restored for
safe use. All work shall be prosecuted so as not to interfere with
easy access to fire houses and fire hydrants.
(b)
The common council may waive the provisions of this section.
[Code 1971, § 26-44]
When a permit is granted under this article to open a paved
street, the person securing the permit must maintain the backfilling
placed in the trench at the surface of the contiguous pavement until
such time as the director of public works repairs the pavement. If
such person does not maintain such backfilling, the director of public
works shall restore the backfilling to a proper condition, and any
and all expense in connection therewith shall be borne by the person
to whom the permit is granted.
[Code 1971, § 26-45]
When a permit is granted pursuant to this article to open an
unpaved street, the person to whom the permit is granted must leave
and maintain, for a period of one year, the surface of the street
in as good condition as it was previous to any work being done under
the permit. If such person does not maintain the surface of the street
in as good condition as it was previous to any work being done, the
director of public works shall restore the street to its proper condition,
and any and all expense in connection therewith shall be borne by
the person to whom the permit was granted, who shall promptly pay
to the City the cost of any such expense before any further permits
are granted.
[Res. No. 67-92, § 3, 4-28-1992]
If the City shall undertake any work on behalf of any applicant,
whether at the request of the applicant or otherwise, in order to
provide for the public safety, the cost thereof shall be billed to
the applicant in accordance with the fee schedule adopted from time
to time by resolution by the common council.
[Added 6-10-2014 by Res. No. 55-14]
Enforcement of the violations and penalties of this article
shall be the responsibility of the Code Enforcement office.
[Code 1971, § 26-52]
Unless acting under a contract with the City, it shall be unlawful
for any person, other than a duly authorized City official or employee
in the course of his employment, to make, or cause or permit to be
made, any excavation or opening in or under the surface or pavement
of any street, sidewalk, or other public place within the limits of
the City without first having obtained and having in force a permit
so to do, as provided in this division. In case of an emergency arising
out of office hours, at night, on Sundays, or legal holidays, when
an immediate excavation may be necessary for the protection of public
or private property, such emergency shall be reported to the police
department, which shall grant permission to make the necessary excavation
upon the express condition that an application be made in the manner
provided in this division on or before noon of the next following
business day.
[Code 1971, § 26-53]
Any person desiring to procure a permit, as required by this
division, shall file with the director of public works a written application,
stating the name and business or residence address of the applicant,
the name of the street, or public place in or under which it is desired
to make the excavation or opening, the name and business or residence
address of the person for whose benefit the work is to be done, the
lot or street number where the opening or excavation is to be made,
and the time during which it is desired such opening is to be permitted.
[Code 1971, § 26-55; Res. No. 67-92, §§ 5,
6, 4-28-1992]
(a)
The person applying for a permit under this division shall deposit
cash or a check with the director of public works in such a sum as
in the judgment of the director of public works will be sufficient
to cover the cost and expense of the repaving, repairing, or restoring
of any street, alley, sidewalk, or other public place in which the
excavation or opening shall be made by such person.
(b)
If the opening shall be increased in area, as provided in section 21-85, such an additional sum shall be deposited with the director of public works, as in his judgment is necessary.
(c)
All moneys and checks so deposited with the director of public works
shall be delivered to the City Clerk and become part of the revenue
of the City. During the month of March of each year, the City Auditor
shall transfer from the revenue fund to the maintenance of streets
fund the total amount of all such moneys from this source, deposited
with the City Clerk since the preceding March.
(d)
Violations of this article shall be unlawful and subject to paying
double the permit application fee as listed in the fee schedule adopted
from time to time by resolution of the Common Council, as well as
the following:
[Res. No. 86-13, 11-12-2013; amended 5-23-2017 by Res. No. 37-17]
[Res. No. 67-92, § 7, 4-28-1992]
Any application for a permit required by this division shall
be accompanied by an in force current certificate of insurance showing
liability insurance in such amount as may be established by the common
council by resolution from time to time.
[Code 1971, § 26-57; Res. No. 67-92, § 8,
4-28-1992]
In addition to all the other requirements pursuant to this article,
with respect to excavations, a fee in the amount now or hereafter
established by ordinance shall be paid to the City before a permit
shall be issued permitting excavations or openings in or under the
surface or pavement of any street, sidewalk, or public place. Such
fee shall cover the cost of the administration and supervision of
such excavation or opening.
[Res. No. 67-92, § 9, 4-28-1992]
The director of public works, upon the filing of the application,
fee and insurance certificate as required by this division, may in
his discretion issue a permit which shall state the name and address
of the applicant and the location, nature, purposes and extent of
excavation of openings, the dates of granting and of expiration of
the permit and, if applicable, the amount deposited by the person
to cover the cost of restoring the pavement to its original condition.
