[Ord. No. 1064 §13, 10-17-1969]
It shall be unlawful for any person to make any excavation in any public place, street, platted street, roadway, road bed, parkway, walkway, alley, right-of-way, or easement in violation of the provisions of this Chapter. Any person convicted of violating any of the provisions of this Chapter shall be subject to punishment as provided in Section 100.080.
[Ord. No. 383 §104-4, 10-21-1959; Ord. No. 696 §2, 10-7-1964; Ord. No. 1064 §1, 10-17-1969]
No person shall make or cause to be made any excavation in any public place, street, platted street, roadway, road bed, parkway, walkway, alley, right-of-way, or easement without first obtaining a permit from the Building Official as provided by this Chapter, except in the case of public work done by the employees of the City or by any contractor under contract with the City, and except as otherwise provided in Section 530.030. This Chapter shall apply to all persons and to all private, public and municipal corporations.
[Ord. No. 1064 §10, 10-17-1969]
In case of an emergency where the public health or safety is in danger and the office of the City is not open, the provisions of this Chapter relating to the issuance of permits prior to commencement of excavation shall not apply. In such case the person making the excavation shall notify the police department of the City that the emergency work is being commenced and the location thereof, and the work may proceed immediately; provided, however, final surfacing or temporary patches shall not be applied to the excavation until such time as the City has inspected and approved the backfill and issued a permit therefor. Application for the permit shall be made on the first (1st) day on which the City office is open after the work is commenced.
[Ord. No. 383 §104-4, 10-21-1959; Ord. No. 696 §2, 10-7-1964; Ord. No. 1064 §§2, 3, 10-17-1969; Ord. No. 80-75 §1, 10-29-1980; Ord. No. 04-34 §16, 5-19-2004]
Application And Fee. Application for an excavation permit as required in Section 530.020 shall be made in writing to the City, which application shall contain information regarding the purpose, location and size of the proposed excavation and the approximate time work thereon will be commenced, and shall state the length of time applicant estimates will elapse from the commencement of the work until the complete restoration of the surface. Except as otherwise provided in this Chapter, each excavation shall require a separate permit. The fee for each permit shall be one hundred dollars ($100.00).
Posting Insurance. Before any excavation permit is issued the applicant shall furnish proof of adequate insurance and protection to the City against all claims for damages arising from the prosecution of the work, as provided by Section 530.060.
Compliance Deposit or Bond. Prior to the issuance of an excavation permit, the applicant shall deposit, and shall maintain with the City, a cash deposit or bond in an amount determined by the City Engineer to be reasonably sufficient to secure the City against any expense or damage which may result from the applicant's failure to comply with the provisions of this Chapter. The amount of such deposit or bond shall be based upon the nature and extent of the work and the nature of the area in which the excavation is to be made, and shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00). In the event the holder of an excavation permit shall fail to complete all work required by this Chapter within the time specified in this Chapter, the City may correct or complete the work, and the cost to the City, as computed by the City Engineer, of correcting or completing such work shall be paid out of the cash or bond deposited with the City by the applicant. In the event such cash deposit or bond shall be insufficient to pay for the City's cost of correcting or completing such work, applicant shall pay the excess cost to the City on demand.
[Ord. No. 1064 §3, 10-17-1969]
It shall be unlawful to fail to complete the work within the time period stated in the application unless permission for an extension of time is granted by the City.
[Ord. No. 1064 §4, 10-17-1969]
Every applicant for an excavation permit shall register with the City proof that the applicant is maintaining liability insurance in the sum of one hundred thousand dollars ($100,000.00) for bodily injury to each person, three hundred thousand dollars ($300,000.00) for bodily injury to all persons in one (1) occurrence and twenty-five thousand dollars ($25,000.00) for all property damage in one (1) occurrence arising out of or on account of excavation work or on account of or in consequence of any neglect in safeguarding the work. Such insurance shall be carried in a firm or corporation which has been licensed or permitted to carry on such business in the State and shall be kept and maintained continuously in force and effect so long as the excavation work shall be in process. A verified copy of the insurance policy shall be filed with the City with the certificate of the insurer that the policy is in full force and effect and that such insurance will not be altered, amended, terminated or ended without notice having been given to the City. In lieu of the insurance as herein provided, the applicant may deposit a corporate or other surety bond in the penal sum of one hundred thousand dollars ($100,000.00) conditioned that he will pay any judgment recovered by any person injured or any property damage incurred on account of the excavation work or on account of or in consequence of any neglect in safeguarding the work. In the event the insurance policy provided for herein lapses and is not immediately renewed, or any bond terminates in any manner whatsoever and a substitute in lieu thereof is not deposited, the permit for such excavation shall be revoked immediately.
[Ord. No. 1064 §5, 10-17-1969]
In making an excavation in any public place, the excavated materials from the trenches shall be placed where they will cause the least possible inconvenience to the public. The area of excavation shall be no greater than necessary for doing the work, and sheathing and bracing shall be used as necessary to keep the sides of the trench vertical and to prevent caving. Adequate provision for proper drainage of the areas surrounding the work shall be maintained at all times.
[Ord. No. 1064 §6, 10-17-1969]
Excavations made in or under public streets, walks or driveway pavements are to be backfilled with granular material thoroughly compacted into place as specified in Section 530.090 and the pavement surface restored to its original condition. Excavations in easements shall be backfilled as specified in this Section. Excess excavated materials shall be removed from the site of the work as soon as practicable after the excavation is made and no such material shall be unduly allowed to accumulate on the site.
[Ord. No. 1064 §7, 10-17-1969]
Approved granular backfill material shall be composed of one (1) inch minus crushed quarry rock. Other materials may be used only with the written approval of the City. Quarry material shall be placed in horizontal layers no greater in final thickness than six (6) inches and shall be densified by mechanical tamping or inundating and vibration or jetting. Each layer of fill material shall be compacted to ensure the desired compaction and density which shall be not less than ninety-five percent (95%) standard compaction.
[Ord. No. 1064 §8, 10-17-1969]
All excavations outside of street or platted street right-of-way may be backfilled with earth and all grassed areas shall be returned to their original condition by sodding or seeding as directed by the City. Earth backfill shall be placed and compacted in lifts not over six (6) inches in initial thickness with pneumatic tamping, or the trench may be filled with excavated material and the entire trench jetted. As soon as the excavation has been backfilled, all excess excavated materials shall be removed from the area and disposed of.
[Ord. No. 1064 §9, 10-17-1969; Ord. No. 80-75 §2, 10-29-1980]
Backfilling may be performed only in the presence of a City inspector. A City inspector's presence may be obtained by request to the City specifying the intent to backfill and the time of the intended operation. In the event backfill is done without the presence of an inspector, all such backfill must be removed, and replaced under a City inspector's supervision.
[Ord. No. 1064 §11, 10-17-1969]
All excavations regulated by this Chapter shall be made in such manner as not to inconvenience or interfere with the public use or travel upon the streets, sidewalks or other public places when possible. When such use is unavoidably obstructed, the person making such excavation shall exercise all reasonable dispatch in prosecuting the work so that the public use will not be obstructed beyond a reasonable time. All sidewalks, crosswalks, curbs, gutters, streets, or public places disturbed, interfered with or injured in making any excavation, shall be restored, replaced and repaired to as good condition as they were before such excavation was made.
[Ord. No. 1064 §12, 10-17-1969]
Every person who shall make or cause to be made any excavation in or adjoining on a public street, highway or public place shall provide, erect and maintain at all times along the line of work all such barricades, signs, lights and warning signals as may be necessary to protect the public from the hazards arising from the operation.
[Ord. No. 120 §7, 2-25-1932; Ord. No. 425 §5, 7-6-1960]
No person shall make, cause, or permit, any opening near any public street, highway, alley or other public place to be left open and unguarded so as to be dangerous to persons passing along said street, highway, alley or other public place.