[Code 1955, § 5-1.11]
No person shall make any excavation or opening in or under any
street, alley or public place without first obtaining a written permit
from the City Engineer.
[Code 1955, § 5-1.11; Ord. No. 995, 1-3-1990; Ord. No. 1069, 10-7-1992; Ord.
No. 1530, 3-4-2009]
(a)
Before a permit shall be issued, the applicant shall present evidence
satisfactory to the City that public liability and property damage
insurance has been obtained under which the applicant and the City
are both insured with respect to any personal injury, death or property
damage arising out of any act done or negligence committed while acting
under any permit, whether such act or negligence be of the licensee,
subcontractors of the licensee, or any other person who may be performing
any act related to the authority granted by such permit. Such insurance
shall be in the amount specified in the resolution on fees and insurance
periodically adopted by City Council from an insurer authorized or
licensed to do business in Michigan by the Commissioner of insurance
and approved by the City. Every policy of insurance required by this
section shall bear an endorsement to the effect that the insurer shall
notify the licensee and the City in writing at least 10 days prior
to reductions in coverage or the expiration or cancellation of such
policy.
(b)
Before a permit is issued, the applicant shall pay a permit fee as
established by resolution of City Council.
[Code 1955, § 5-1.11]
No person shall make any opening or excavation in or under a
paved street or alley within a period of two years after completion
of any paving or resurfacing thereof. If the public safety or welfare
requires immediate action, the City Manager may suspend operation
of this provision. The City Engineer may refuse the granting of a
permit following the expiration of such two-year period if he or she
deems that the opening or excavation applied for is unnecessary or
could be reasonably avoided. Appeal may be had to the Council with
respect to any decision of the City Manager or the City Engineer concerning
the enforcement of the prohibition of this section. The decision of
the Council on such appeal shall be final.
[Code 1955, § 5-1.11]
Before any street within the City is paved, it shall be the
duty of the City Engineer to serve a written notice upon each owner
of the premises abutting on such street, as shown by the City tax
roll, requiring him or her, within 30 days from the date of such notice,
to make all necessary gas and sewer connections that may be laid in
such street.
[1]
Editor's Note: Former Section 32-9, which pertained to insurance
requirements, adopted as § 5-1.12 of the 1955 Code, as amended
by Ord. No. 426 and 1-3-1990 by Ord. No. 995, was repealed 3-4-2009
by Ord. No. 1530.
