[Ord. No. 360,
passed 11-26-1979; Ord. No. 413, passed 11-25-1985]
No person, firm or corporation, except the City, shall:
(a) Make any excavation or opening in any part of any street, alley or
public place in the City;
(b) Place any obstruction on any part of such street, alley or public
place in the City; or
(c) Occupy any part of such street, alley or public place for the purpose
of construction, maintenance or repair of property immediately adjacent
thereto;
without first obtaining a permit for such purpose. However,
any public utility corporation operating under a franchise of the
City may, in any emergency requiring immediate action to preserve
its property, make such excavation or occupy such portion of the public
street, alley or public place without applying for such permit, but
shall in all other respects comply with the provisions of this chapter
in doing such work; provided further, that no pavement shall be broken
without a permit being issued and the work done under the direct supervision
of the City Manager or his or her designated representative.
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[Ord. No. 360,
passed 11-26-1979; Ord. No. 413, passed 11-25-1985; Ord. No. 700, passed 1-23-2006]
(a) Before any permit is issued pursuant to the provisions of Section
1020.01, the applicant shall execute to the City and deliver to the City Clerk a bond in the sum of $1,000 with a corporate surety to be approved by the City Clerk conditioned what the applicant will indemnify and save harmless the said City from all loss, costs, damages and expenses said City may sustain and from any damage to any persons or property by reason of the negligence of the applicant and/or his or her failure to properly guard and place warning signals around all excavations, obstructions and dangerous places in any work done or undertaken by the applicant in any of the streets, alleys or thoroughfares of the City by virtue of any permit issued pursuant to said application or any other permit issued to the applicant within one year from the date of said bond. No further bond shall be required of the applicant while said bond is in force and effect, but upon the expiration of said bond, no further permit shall be granted until bond is again furnished by said applicant as above provided.
(b) The applicant for such permit shall furnish to the City Clerk a statement
showing where such opening or excavation is to be made and the purpose
and extent thereof, or where such obstruction or repair is to be carried
on, and, in all cases, the extent to which said street, alley or public
place is to be used for the purpose applied for and also the time
when such occupancy will commence and the length of time it will continue,
and the name of the person who will be in charge of the work to be
done thee, together with such other information as the City Clerk
shall direct. Such statement shall be signed by the applicant and
filed with the Clerk.
(c) On receipt of such application, the City Clerk shall immediately
notify the City Manager of the same, and the City Manager shall investigate
and, if satisfied that such occupancy is necessary and reasonable,
shall endorse the application by signing his or her approval on the
same. If the City Manager shall determine that said application shall
be granted only on certain conditions and for a certain limited time,
he or she shall so state in his or her endorsement approving such
application, and the permit shall be issued only subject to such conditions
or limitations.
[Ord. No. 360,
passed 11-26-1979; Ord. No. 413, passed 11-25-1985; Ord. No. 700, passed 1-23-2006]
(a) All local utilities shall be held responsible for the restoration
of areas within the street right of way disturbed by contractors or
subcontractors performing work for such local utilities.
(b) No work covered by this chapter shall be started until all permits
are obtained and effective.
(c) All openings, excavations and obstructions shall be properly and
substantially barricaded and railed off, and at night shall be provided
with three or more warning lights for each such opening, excavation
or obstruction. On long trenches or obstructions, warning lights crosswise
of the flow of traffic shall not be over eight feet apart and, parallel
to the flow of traffic, not over twenty-five feet apart. The City
Manager shall determine what constitutes proper barriers and lighting.
The utmost care shall be exercised at all times in protecting life
and property in the performance of the work, and the work shall be
accomplished with as little as possible interference to traffic and
the use of the street, alley or thoroughfare. Sufficient help and
equipment shall be provided to expedite the work to the satisfaction
of the City Manager.
(d) All openings and excavations shall be properly and substantially
sheeted and braced as a safeguard to the workmen and to prevent cave-ins
or washouts which would tend to injure the thoroughfare or subsurface
structures adjacent to the work.
(e) After the completion of the work, all trenches and excavations shall
be promptly backfilled with like material and thoroughly settled by
wetting or tamping, and all excess material shall be promptly removed
from the job.
Areas disturbed by work performed between the back of the curb
or the edge of the pavement or gravel and the street right-of-way
line shall be restored to their original condition. If sod is present,
the sod will be carefully cut, saved and replaced, or new sod put
in after the trench has been settled and compacted. If sod is not
replaceable, the top four inches of the trench shall be filled with
stone-free topsoil. The trench shall be seeded, mulched, watered and
maintained until an adequate grass growth is obtained.
(f) In excavating in paved streets, all materials of paving and blasting
must be removed to the side of the street with the least possible
loss or injury to the same or the surrounding pavement. After the
work is completed and proper settlement has occurred, the City will
repave the opening and charge and collect the cost of such repaving
from the person to whom the permit was granted. The City Clerk may
require a deposit to cover the cost of such repaving before issuing
a permit for the work.
(g) In excavations around or near other subsurface structures, pipes,
conduits or other devices, care must be taken to properly safeguard
them from injury, and in case of interference or very close proximity
to the same, the City Manager shall determine how proper installation
shall be made.
(h) Each person, firm or corporation opening or excavating any street,
alley or thoroughfare shall keep an account of all openings or excavations
so made and, for one year after such opening or excavation, shall
keep the same filled and in repair. Should such person, firm or corporation
fail to do this, the City Clerk or City Manager shall give him, her
or it notice to do so within 10 days, and if said person, firm or
corporation shall still fail to make such repairs, the Street Department
shall cause such repairs to be made, and the cost of the same shall
be charged against any persons, firm or corporation to whom the permit
was originally issued, and may be collected by suit.
[Ord. No. 500,
passed 12-12-1994]
The City Engineer and his or her designated representative, and/or the Building Commissioner and his or her designated representative, and/or the Zoning Administrator and his or her designated representative, and/or the Director of Police and Fire Services and his or her designated representative, are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter
211 of the Administration Code.
[Ord. No. 500,
passed 12-12-1994]
A person who violates any provision of this chapter is responsible
for a Municipal civil infraction and shall be subject to the payment
of a civil fine of not less than $50, plus costs and other sanctions,
for each infraction. A second offense, within a period of 90 days,
shall be subject to a civil fine of not less than $100, plus costs
and other sanctions, for each infraction. Third and subsequent offenses,
within 90 days, shall be subject to a civil fine of $250, plus costs
and other sanctions, for each infraction.