[R.O. 2012 §520.010; Ord. No. 495 §1, 8-6-1991]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
- APPLICANT
- Any person, firm, association, contractor, partnership or corporation that applies for an excavation permit to open, tear up, dig into, or to excavate within, on, through or under any street, avenue, curb, or sidewalk in the City of Knob Noster.
- CITY COLLECTOR
- Shall refer to any person authorized to work in the Collector's office and receive fees.
- CITY INSPECTOR
- Shall refer to any person designated by the City Administrator to issue excavation permits.
[R.O. 2012 §520.020; Ord. No. 495 §2, 8-6-1991]
It shall be unlawful for any person, firm, association, contractor,
partnership, or corporation to open, tear up, dig into, or to excavate
within, through or under any street, avenue, alley, curb, or sidewalks,
in the City of Knob Noster, without first having obtained an excavation
permit therefore from the City. An application for an excavation permit
may be obtained from City Hall. A fee of ten dollars ($10.00) shall
be paid to the City Collector. The application shall be filled in
by the applicant and presented to the City Inspector. The City Inspector
shall issue the applicant a copy of the repair procedures and have
an understanding with the applicant as to exactly how the repair is
to be accomplished. The City Inspector shall not issue the permit
until the applicant has posted the required bond. The amount of the
bond will be determined by estimating the cost of repairing the damage
to public property. The applicant shall notify the City Inspector
as work progresses in stages that need inspection. At the completion
of the work, the applicant shall notify the City Inspector. The City
Inspector shall at the time approve or disapprove the work. In case
of disapproval the applicant shall correct any reasonable requests
made by the City Inspector, at no cost to the City. In case of approval,
the bond shall be held by the City for a period of six (6) months
from the date of approval. At the termination of the six (6) month
period, the City Inspector shall again inspect the area of work and
if it has not failed, the bond monies shall be returned to the applicant.
In case the repair work has failed, in the judgment of the City Inspector,
the applicant shall be given the choice to either make the repair
in a sound condition to the satisfaction of the City Inspector, within
thirty (30) days or have the City make the repair and deduct the cost,
as determined by the City Inspector, of the labor and material from
the bond. In the event the repair cost exceeds the posted bond, then
the applicant shall bear the actual cost of repair. Any remaining
portion of the bond, if any, shall be returned to the applicant.
[R.O. 2012 §520.030; Ord. No. 495 §3, 8-6-1991]
The holder of such permit agrees, by acceptance thereof under
this Chapter, to be solely responsible for any and all damages to
person or property as may be sustained by others through the primary
negligence of such holder, and agrees to defend said City from any
and all such claims as may result from their said activity, and to
pay any judgement recovered against said City arising out of the negligence
of such holder, his/her agents, servants, or employees, and thereby
save the City harmless from any all such claims.
[R.O. 2012 §520.040; Ord. No. 495 §4, 8-6-1991]
The City may waive permit requirements for any utility having
a valid franchise with the City provided the franchisee repairs excavations
in a manner that meets City repair specifications.
[R.O. 2012 §520.050; Ord. No. 495 §5, 8-6-1991]
Any person who violates any of the provisions of this Chapter
shall be deemed guilty of an ordinance violation, and upon conviction
thereof shall be punished by a fine of not more than five hundred
dollars ($500.00) or by imprisonment for a term not to exceed ninety
(90) days, or by both such fine and imprisonment.
