[R.O. 2012 §520.010; Ord. No. 495 §1, 8-6-1991; Ord. No. 876, 10-18-2022]
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.
Shall refer to any person authorized to work in the Collector's
office and receive fees.
For purposes of this Chapter, 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; Ord. No. 876, 10-18-2022]
A.Â
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 sidewalk, 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.
The fee schedule includes:
|
Directional boring per foot
|
$0.25
|
|
Open trenching per foot
|
$0.50
|
|
Removal of driveway residential
|
$50.00
|
|
Removal of driveway commercial
|
$50.00
|
|
Removal/construction of sidewalk
|
$25.00
|
|
Street cut 1/2 Width
|
$150.00
|
|
Street cut full width
|
$300.00
|
|
Street bore encased
|
$150.00
|
|
Bore parallel to street
|
$250.00
|
|
Excavation in the ROW
|
$150.00
|
|
Damage to utilities due to negligence
|
$500.00
|
B.Â
This
fee 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.
C.Â
The
City Inspector shall at that 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 judgement
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; Ord. No. 876, 10-18-2022]
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 said City harmless from any and all such claims.
[R.O. 2012 §520.040; Ord. No. 495 §4, 8-6-1991; Ord. No. 876, 10-18-2022]
The City may waive permit requirements for any utility having
a valid franchise with the City provided the franchise repairs excavations
in a manner that meets City repair specifications.
[R.O. 2012 §520.050; Ord. No. 495 §5, 8-6-1991; Ord. No. 876, 10-18-2022]
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
($500.00) dollars or by imprisonment for a term not to exceed ninety
(90) days, or by both such fine and imprisonment.
