[CC 1974 §565.010; Ord. No. 773 §2, 6-1967]
For the purposes of this Article, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely
directory.
APPLICANT
Any person making written application to the Clerk of the
City for an excavation permit hereunder.
EXCAVATION WORK
The excavation and other work permitted under an excavation
permit and required to be performed under this Article.
PERMITTEE
Any person who has been granted and has in full force and
effect an excavation permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation,
both public and private, company or organization of any kind.
STREET COMMISSIONER
The Street Commissioner of the City of Versailles and Clerk
is the Clerk of the City of Versailles.
STREET OR HIGHWAY
Any street, highway, sidewalk, alley, avenue or other public
way or public grounds in the City.
[CC 1974 §565.020; Ord. No. 773 §3, 6-1967; Ord. No. 22-020, 9-13-2022]
It shall be unlawful for any person to dig up, break, excavate,
tunnel, undermine or in any manner break up any street or City right-of-way
or to make or cause to be made any excavation in or under the surface
of any street or City right-of-way for any purpose or to place, deposit
or leave upon any street or City right-of-way any earth or other excavated
material obstructing or tending to interfere with the free use of
the street or City right-of-way, unless such person shall first have
obtained an excavation permit therefor from the Clerk as herein provided.
[CC 1974 §565.030; Ord. No. 773 §4, 6-1967; Ord.
No. 774 §1, 7-1967]
No excavation permit shall be issued unless a written application
for the issuance of an excavation permit is submitted to the Clerk.
The written application shall state the name and address of the applicant,
the nature, location and purpose of the excavation, the date of commencement
and date of completion of the excavation and other date as may reasonably
be required by the Street Commissioner through the Clerk. The application
shall be accompanied by plans showing the extent of the proposed excavation
work.
[CC 1974 §565.040; Ord. No. 773 §5, 6-1967]
A permit fee of ten dollars ($10.00) shall be charged by the
Street Commissioner payable to the Clerk for the issuance of an excavation
permit which shall be in addition to all other fees for permits or
charges relative to any proposed construction work.
[CC 1974 §565.050; Ord. No. 773 §6, 6-1967]
The Clerk shall provide each permittee at the time a permit
is issued hereunder a suitable placard plainly written or printed
in English letters at least one (1) inch high with the following notice:
"City of Versailles, PERMIT NO. _______ EXPIRES ___________" and in
the first (1st) blank space there shall be inserted the number of
said permit and after word "expires" shall be stated the date when
said permit expires. It shall be the duty of any permittee hereunder
to keep the placard posted in a conspicuous place at the site of the
excavation work. It shall be unlawful for any person to exhibit such
placard at or about any excavation not covered by such permit or to
misrepresent the number of the permit or the date of expiration of
the permit.
[CC 1974 §565.060; Ord. No. 773 §7, 6-1967]
A. Before
an excavation permit as herein provided is issued, the applicant shall
deposit with the City Clerk a surety bond in an amount as approved
by the Public Works Director or his/her representative payable to
the City upon application being made therefor by the applicant and
the required surety bond must be:
1. With good and sufficient surety.
2. By a surety company authorized to transact business in the State
or by two (2) householders in the City owning property of a value
of double the amount of the bond, over and above all legal exemptions
from execution.
3. Satisfactory to the City Attorney in form and substance.
4. Conditioned upon the permittee's compliance with this Chapter and
to secure and hold the City and its officers harmless against any
and all claims, judgments or other costs arising from the excavation
and other work covered by the excavation permit or for which the City,
the Board or any City Officer may be made liable by reason of any
accident or injury to persons or property through the fault of the
permittee either in not properly guarding the excavation or for any
other injury resulting from the negligence of the permittee and further
conditioned to fill up, restore and place in good and safe condition
as near as may be to its original condition and to the satisfaction
of the Street Commissioner all openings and excavations made in streets
and to maintain any street where excavation is made in as good condition
for the period of twelve (12) months after said work shall have been
done, usual wear and tear excepted, as it was in before said work
shall have been done. Any settlement of the surface within said one
(1) year period shall be deemed conclusive evidence of defective backfilling
by the permittee. Nothing herein contained shall be construed to require
the permittee to maintain any repairs to pavement made by the City
if such repairs should prove defective. Any owner of real estate repairing
or engaging another to repair his/her own sidewalk shall not be required
to give such bond. Recovery on such bond for any injury or accident
shall not exhaust the bond but it shall in its entirety cover any
or all future accidents or injuries during the excavation work for
which it is given. In the event of any suit or claim against the City
by reason of the negligence or default of the permittee, upon the
City's giving written notice to the permittee of such suit or claim,
any final judgment against the City requiring it to pay for such damage
shall be conclusive upon the permittee and his/her surety. An annual
bond may be given under this provision which shall remain in force
for one (1) year conditioned as above and in other respects as specified
above but applicable as to all excavation work in streets by the principal
in such bond during the term of one (1) year from said date. Provided
however, that this bond shall not be required for the issuance of
a permit for an excavation of less than five hundred (500) square
feet of surface, nor shall said bond be required of any permittee
who requires three (3) or less permits in any one (1) month period.
[Ord. No. 22-019, 9-13-2022]
The application for an excavation permit to perform excavation work under this Chapter shall be accompanied with a cash deposit made to the City Clerk for deposit with the City Collector. Any person intending to make openings, cuts or excavations to any street or any City right-of-way shall make and maintain with the City Collector a general deposit in the same sum as required for excavations for utility excavations as outlined in Section
715.030, Utility Fees. Any special or general deposit made hereunder shall serve as security for the repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. Sixty (60) days following the permittee's completion of the work covered by such permit in conformity with this Chapter as determined by the Street Commissioner, said cash deposit except in the case of an annual deposit shall be refunded by the City to the permittee. The City may use any or all of any such deposit to pay the cost of any work the City performs to restore or maintain the street as herein provided in the event the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the City.
[CC 1974 §565.080; Ord. No. 773 §9, 6-1967]
A. The
permittee shall take appropriate measures to assure that during the
performance of the excavation work traffic conditions as nearly normal
as practicable shall be maintained at all times so as to cause as
little inconvenience as possible to the occupants of the abutting
property and to the general public, provided that the Street Commissioner
may permit the closing of streets to all traffic for a period of time
prescribed by him/her if in his/her opinion it is necessary. The permittee
shall route and control traffic including its own vehicles as directed
by the City Police Department. The following steps shall be taken
before any street may be closed or restricted to traffic:
1. The permittee must receive the approval of the Street Commissioner
and the Police Department therefor;
2. The permittee must notify the Chief of the Versailles Fire Department
of any street so closed;
3. Upon completion of construction work the permittee shall notify the
Street Commissioner and City Police Department before traffic is moved
back to its normal flow so that any necessary adjustments may be made;
4. Where flagmen are deemed necessary by the Street Commissioner, they
shall be furnished by the permittee at his/her own expense. Through
traffic shall be maintained without the aid of detours, if possible.
In instances in which this would not be feasible, the Street Commissioner
will designate detours. The City shall maintain roadway surfaces of
existing highways designated as detours without expense to the permittee
but in case there are no existing highways, the permittee shall construct
all detours at its expense and in conformity with the specifications
of the Street Commissioner. The permittee will be responsible for
any unnecessary damage caused to any streets by the operation of its
equipment.
[CC 1974 §565.090; Ord. No. 773 §10, 6-1967]
The excavation work shall be performed and conducted so as not
to interfere with access to fire stations and fire hydrants. Materials
or obstructions shall not be placed within fifteen (15) feet of fireplugs.
Passageways leading to fire escapes or fire-fighting equipment shall
be kept free of piles of material or other obstructions.
[CC 1974 §565.100; Ord. No. 773 §11, 6-1967]
The permittee shall erect and maintain suitable timber barriers
to confine earth from trenches or other excavations in order to encroach
upon streets as little as possible. The permittee shall construct
and maintain adequate and safe crossings over excavations and across
highways under improvement to accommodate vehicular and pedestrian
traffic at all street intersections. Vehicular crossings shall be
constructed and maintained of plank, timbers and blocking of adequate
size to accommodate vehicular traffic safely. Decking shall be not
less than four (4) inches thick and shall be securely fastened together
with heavy wire and staples. Pedestrian crossings shall consist of
planking three (3) inches thick, twelve (12) inches wide and of adequate
length, together with necessary blocking. The walk shall be not less
than three (3) feet in width and shall be provided with a railing
as required by the Street Commissioner.
[CC 1974 §565.110; Ord. No. 773 §12, 6-1967; Ord. No. 1363 §1, 2-7-1995]
The permittee shall not interfere with any existing utility
without the written consent of the Street Commissioner and the utility
company or person owning the utility. If it becomes necessary to remove
an existing utility, this shall be done by its owner. No utility owned
by the City shall be moved to accommodate the permittee unless the
cost of such work be borne by the permittee. The cost of moving privately
owned utilities shall be similarly borne by the permittee unless he/she
makes other arrangements with the person owning the utility. The permittee
shall support and protect by timbers or otherwise all pipes, conduits,
poles, wires or other apparatus which may be in any way affected by
the excavation work over, along or across said work. In case any of
said pipes, conduits, poles, wires or apparatus should be damaged,
they shall be repaired by the agency or person owning them and the
expense of such repairs shall be charged to the permittee and his/her
or its bond shall be liable therefor. The permittee shall be responsible
for any damage done to any public or private property by reason of
the breaking of any water pipes, sewer, gas pipe, electric conduit
or other utility and his/her bond shall be liable therefor. The permittee
shall inform himself/herself as to the existence and location of all
underground utilities and protect the same against damage. Notwithstanding
any other provision herein, no permittee shall install any utility
at any underground location within two (2) feet of any existing underground
utility unless said permittee shall first obtain the written consent
of the Street Commissioner in the event of the existing utility being
a City utility or of the owner of any other underground utility other
than City owned utilities.
[CC 1974 §565.120; Ord. No. 773 §13, 6-1967]
The permittee shall at all times and at his/her or its own expense
preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
Where in the protection of such property it is necessary to enter
upon private property for the purpose of taking appropriate protective
measures, the permittee shall obtain a license from the owner of such
private property for such purpose and if he/she cannot obtain a license
from such owner, the Street Commissioner may authorize him/her to
enter the private premises solely for the purpose of making the property
safe. The permittee shall, at his/her own expense, shore up and protect
all buildings, walls, fences or other property likely to be damaged
during the progress of the excavation work and shall be responsible
for all damage to public or private property or highways resulting
from his/her failure properly to protect and carry out said work.
All construction and maintenance work shall be done in a manner calculated
to leave the lawn area clean of earth and debris and in a condition
as nearly as possible to that which existed before such work began.
The permittee shall not remove even temporarily any trees or shrubs
which exist in parking strip areas or easements across private property
without first having notified and obtained the consent of the property
owner or, in the case of public property, the appropriate City department
or City Officials having control of such property.
[CC 1974 §565.130; Ord. No. 773 §14, 6-1967]
Any excavation made in any sidewalk or under a sidewalk shall
be provided with a substantial and adequate footbridge over said excavation
on the line of the sidewalk, which bridge shall be at least three
(3) feet wide and securely railed on each side so that foot passengers
can pass over safely at all times.
[CC 1974 §565.140; Ord. No. 773 §15, 6-1967]
The permittee shall erect such fence, railing or barriers about
the site of the excavation work as shall prevent danger to persons
using the City street or sidewalks and such protective barriers shall
be maintained until the work shall be completed or the danger removed.
At twilight there shall be placed upon such place of excavation and
upon any excavated materials or structures or other obstructions to
streets suitable and sufficient lights which shall be kept burning
throughout the night during the maintenance of such obstructions.
It shall be unlawful for anyone to remove or tear down the fence or
railing or other protective barriers or any lights provided there
for the protection of the public.
[CC 1974 §565.150; Ord. No. 773 §16, 6-1967]
It shall be unlawful for the permittee to suffer or permit to
remain unguarded at the place of excavation or opening any machinery,
equipment or other device having the characteristics of an attractive
nuisance likely to attract children and hazardous to their safety
or health.
[CC 1974 §565.160; Ord. No. 773 §17, 6-1967]
All material excavated from trenches and piled adjacent to the
trench or in any street shall be piled and maintained in such manner
as not to endanger those working in the trench, pedestrians or users
of the streets and so that as little inconvenience as possible is
caused to those using streets and adjoining property. Where the confines
of the area being excavated are too narrow to permit the piling of
excavated material beside the trench, such as might be the case in
a narrow alley, the Street Commissioner shall have the authority to
require that the permittee haul the excavated material to a storage
site at the time of backfilling. It shall be the permittee's responsibility
to secure the necessary permission and make all necessary arrangements
for all required storage and disposal sites.
[CC 1974 §565.170; Ord. No. 773 §18, 6-1967]
All damage done to existing improvements during the progress
of the excavation work shall be repaired by the permittee. Materials
for such repair shall conform with the requirements of any applicable
code or ordinance. If upon being ordered the permittee fails to furnish
the necessary labor and materials for such repairs, the Street Commissioner
shall have the authority to cause said necessary labor and materials
to be furnished by the City and the cost shall be charged against
the permittee and the permittee shall also be liable on his/her or
its bond therefor.
[CC 1974 §565.180; Ord. No. 773 §19, 6-1967]
Property lines and limits of easements shall be indicated on
the plan of excavation submitted with the application for the excavation
permit and it shall be the permittee's responsibility to confine excavation
work within these limits.
[CC 1974 §565.190; Ord. No. 773 §20, 6-1967]
As the excavation work progresses, all streets and private properties
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work. All cleanup operations at the
location of such excavation shall be accomplished at the expense of
the permittee and shall be completed to the satisfaction of the Street
Commissioner. From time to time as may be ordered by the Street Commissioner
and in any event immediately after completion of said work, the permittee
shall at his/her or its own expense clean up and remove all refuse
and unused materials of any kind resulting from said work and upon
failure to do so within twenty-four (24) hours after having been notified
to do so by the Street Commissioner, said work may be done by the
Street Commissioner and the cost thereof charged to the permittee
and the permittee shall also be liable for the cost thereof under
the surety bond provided hereunder.
[CC 1974 §565.200; Ord. No. 773 §21, 6-1967]
The permittee shall provide for the flow of all watercourses,
sewers or drains intercepted during the excavation work and shall
replace the same in as good condition as he/she found them or shall
make such provisions for them as the Street Commissioner may direct.
The permittee shall not obstruct the gutter of any street but shall
use all proper measures to provide for the free passage of surface
water. The permittee shall make provision to take care of all surplus
water, muck, silt, slickings or other runoff pumped from excavations
or resulting from slicing or other operations and shall be responsible
for any damage resulting from his/her failure to so provide.
[CC 1974 §565.210; Ord. No. 773 §22, 6-1967]
Whenever it is necessary to break through existing pavement
for excavation purposes and where trenches are to be four (4) feet
or over in depth, the pavement in the base shall be removed to at
least six (6) inches beyond the outer limits of the subgrade that
is to be disturbed in order to prevent settlement and a six (6) inch
shoulder of undisturbed material shall be provided in each side of
the excavated trench. The face of the remaining pavement shall be
approximately vertical. Asphalt paving shall be scored or otherwise
cut in a straight line. No pile driver may be used in breaking up
the pavement.
[CC 1974 §565.220; Ord. No. 773 §23, 6-1967]
Tunnels under pavement shall not be permitted except by permission
of the Street Commissioner and if permitted shall be adequately supported
by timbering and backfilling under the direction of the Street Commissioner.
[CC 1974 §565.230; Ord. No. 773 §24, 6-1967]
Backfilling in any street opened or excavated pursuant to an
excavation permit issued hereunder shall be compacted to a degree
equivalent to that of the undisturbed ground in which the trench was
dug. Compacting shall be done by mechanical tappers or vibrators or
by rolling in layers, only if granular backfill is used, as required
by the fill in question and sound engineering practices generally
recognized in the construction industry. When water is taken from
a fire hydrant, the permittee shall assign one (1) man to operate
the hydrant and shall make certain that said man had been instructed
by the Versailles Water Department in the operation of the hydrant.
The said Water Department shall likewise be notified at both the beginning
and end of the job so that the condition of the fire hydrants can
be checked on both occasions. Any damage done to the hydrant during
the excavation shall be the responsibility of the permittee. Water
shall be paid for by the permittee on the terms agreed upon with the
said Water Department.
[CC 1974 §565.240; Ord. No. 773 §25, 6-1967]
Backfilling by water settling shall not be done except when
the backfill material is composed of granular material or upon special
permit of the Street Commissioner. When backfilling is done by water
settling, excavated materials above utility installations shall be
deposited uniformly in layers of not more than five (5) feet in thickness
and shall be thoroughly flooded. During the flooding the water shall
be allowed to flow slowly to the trench from high points and shall
be worked down to the full depth of the layer of backfill with bars.
All bars used shall be long enough to extend entirely through the
layer being filled and shall be forced down through the loose backfill
material. As the bars are withdrawn, the water shall be allowed to
flow downward around the bar. The channel or hole formed by the bar
shall be kept open and the water kept running into it until the fill
has settled. All work shall be done in such manner as to obtain a
relative compaction through the entire depth of the backfill of not
less than that existing adjacent to the excavation.
[CC 1974 §565.250; Ord. No. 773 §26, 6-1967]
Backfilling up to the first (1st) eighteen (18) inches above
the top of the utility pipes or similar installations shall be done
with thin layers. Each layer is to be tamped by manual or mechanical
means. Layers that are hand tamped shall not exceed four (4) inches
in thickness. Layers that are power tamped shall not exceed six (6)
inches in thickness. The same requirements shall apply to the remainder
of the backfilling if tamping is the method used for backfilling.
Backfilling of all pipes of over twenty-four (24) inches in diameter
shall be carried up to the spring line of the pipe in three (3) inch
layers, with each layer moistened and thoroughly tamped with suitable
mechanical equipment. The backfill around all pipes twenty-four (24)
inches or less in diameter shall be flooded or tamped as specified
above to a depth of eighteen (18) inches above the top of the pipe
before any additional backfilling is placed thereon.
[CC 1974 §565.260; Ord. No. 773 §27, 6-1967; Ord.
No. 774 §3, 7-1967]
Whenever any excavation for the laying of pipe is made through
rock, the pipe shall be laid six (6) inches above the rock bottom
of the trench and the space under, around and six (6) inches above
the pipe shall be backfilled with clean river sand, non-corrosive
soil or one-quarter (¼) inch minus gravel or, in lieu thereof,
said pipe may be protected by any means approved by the American Society
of Mechanical Engineers. Broken pavement, large stones and debris
shall not be used in any backfill.
[CC 1974 §565.270; Ord. No. 773 §28, 6-1967]
Backfilling shall be completed by placing the backfill material
well up over the top of the trench. For dry-backfilling, the material
shall be compacted with a roller of an approved type or with the rear
of a truck carrying at least five (5) tons until the surface is unyielding.
The surface shall then be graded as required.
[CC 1974 §565.280; Ord. No. 773 §29, 6-1967]
A. The
permittee shall restore the surface of all streets, broken into or
damaged as a result of the excavation work, to its original condition
in accordance with the specifications of the Street Commissioner.
The permittee may be required to place a temporary surface over openings
made in paved traffic lanes. Except when the pavement is to be replaced
before the opening of the cut to traffic, the fill above the bottom
of the paving slab shall be made with suitable material well tamped
into place and this fill shall be topped with a minimum of at least
one (1) inch of bituminous mixture which is suitable to maintain the
opening in good condition until permanent restoration can be made.
The crown of the temporary restoration shall not exceed one (1) inch
above the adjoining pavement. The permittee shall exercise special
care in making such temporary restorations and must maintain such
restorations in safe traveling conditions until such time as permanent
restorations are made. The asphalt which is used shall be in accordance
with the specifications of the Street Commissioner. If in the judgment
of the Street Commissioner it is not expedient to replace the pavement
over any cut or excavation made in the street upon completion of the
work allowed under such permit by reason of the looseness of the earth
or weather conditions, he/she may direct the permittee to lay a temporary
pavement of wood or other suitable material designated by him/her
over such cut or excavation to remain until such time as the repair
of the original pavement may be properly made.
B. Permanent
restoration of the street shall be made by the permittee in strict
accordance with the specifications prescribed by the Street Commissioner
to restore the street to its original and proper condition or as near
as may be.
C. Acceptance
or approval of any excavation work by the Street Commissioner shall
not prevent the City from asserting a claim against the permittee
and his/her or its surety under the surety bond required hereunder
for incomplete or defective work if discovered within twelve (12)
months from the completion of the excavation work. The Street Commissioner's
presence during the performance of any excavation work shall not relieve
the permittee of its responsibilities hereunder.
[CC 1974 §565.290; Ord. No. 773 §30, 6-1967]
A. If
the permittee shall have failed to restore the surface of the street
to its original and proper condition upon the expiration of the time
fixed by such permit or shall otherwise have failed to complete the
excavation work covered by such permit, the Street Commissioner, if
he/she deems it advisable, shall have the right to do all work and
things necessary to restore the street and to complete the excavation
work. The permittee shall be liable for the actual cost thereof and
twenty-five percent (25%) of such cost in addition for general overhead
and administrative expenses. The City shall have a cause of action
for all fees, expenses and amounts paid out and due it for such work
and shall apply in payment of the amount due it any funds of the permittee
deposited as herein provided and the City shall also enforce its rights
under the permittee's surety bond provided pursuant to this Chapter.
B. It
shall be the duty of the permittee to guarantee and maintain the site
of the excavation work in the same condition it was prior to the excavation
for one (1) year after restoring it to its original condition.
[CC 1974 §565.300; Ord. No. 773 §31, 6-1967]
Except by special permission from the Street Commissioner, no
trench shall be excavated more than two hundred fifty (250) feet in
advance of pipe laying nor left unfilled more than five hundred (500)
feet where pipe has been laid. The length of the trench that may be
opened at any one (1) time shall not be greater than the length of
pipe and the necessary accessories which are available at the site
ready to be put in place. Trenches shall be braced and sheathed according
to generally accepted safety standards for construction work as prescribed
by the Street Commissioner. No timber bracing, lagging, sheathing
or other lumber shall be left in any trench.
[CC 1974 §565.310; Ord. No. 773 §32, 6-1967]
The permittee shall prosecute with diligence and expedition
all excavation work covered by the excavation permit and shall promptly
complete such work and restore the street to its original condition,
or as near as may be, as soon as practicable and in any event not
later than the date specified in the excavation permit therefor.
[CC 1974 §565.320; Ord. No. 773 §33, 6-1967]
If in his/her judgment traffic conditions, the safety or convenience
of the traveling public or the public interest require that the excavation
work be performed as emergency work, the Street Commissioner shall
have full power to order, at the time the permit is granted, that
a crew of men and adequate facilities be employed by the permittee
twenty-four (24) hours a day to the end that such excavation work
may be completed as soon as possible.
[CC 1974 §565.330; Ord. No. 773 §34, 6-1967]
In the event of any emergency in which a sewer, main, conduit
or utility in or under any street breaks, bursts or otherwise is in
such condition as to immediately endanger the property, life, health
or safety of any individual, the person owning or controlling such
sewer, main, conduit or utility, without first applying for and obtaining
an excavation permit hereunder, shall immediately take proper emergency
measures to cure or remedy the dangerous conditions for the protection
of property, life, health and safety of individuals. However, such
person owning or controlling such facility shall apply for an excavation
permit not later than the end of the next succeeding day during which
the City Collector's office is open for business and shall not proceed
with permanent repairs without first obtaining an excavation permit
hereunder.
[CC 1974 §565.340; Ord. No. 773 §35, 6-1967]
Each permittee shall conduct and carry out the excavation work
in such manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce to the fullest extent practicable
in the performance of the excavation work noise, dust and unsightly
debris and between the hours of 10:00 P.M. and 7:00 A.M. shall not
use, except with the express written permission of the Street Commissioner
or in case of an emergency as herein otherwise provided, any tool,
appliance or equipment producing noise of sufficient volume to disturb
the sleep or repose of occupants of the neighboring property.
[CC 1974 §565.350; Ord. No. 773 §36, 6-1967]
The permittee shall not disturb any surface monuments or hubs
found on the line of excavation work until ordered to do so by the
Street Commissioner and should monuments or hubs be moved or destroyed,
it shall be the duty of the permittee to replace same and, if necessary,
resurvey the affected areas.
[CC 1974 §565.360; Ord. No. 773 §37, 6-1967]
The Street Commissioner shall make such inspections as are reasonably
necessary in the enforcement of this Chapter. The Street Commissioner
shall have the authority to promulgate and cause to be enforced such
rules and regulations as may be reasonably necessary to enforce and
carry out the intent of this Article.
[CC 1974 §565.370; Ord. No. 773 §38, 6-1967; Ord.
No. 774 §4, 7-1967]
Users of sub-surface street space shall maintain accurate drawings,
plans and profiles showing the location and character of all major
underground structures, including abandoned installations, and shall
furnish copies to the Street Commissioner. Corrected maps shall be
filed with the Street Commissioner within thirty (30) days after new
installations, changes or replacements are made.
[CC 1974 §565.380; Ord. No. 773 §39, 6-1967]
The provisions of this Article shall not be applicable to any
excavation work under the direction of competent town authorized by
employees of the City or by any contractor of the City performing
work for and in behalf of the City necessitating openings or excavations
in streets.