[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:
- 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.