[CC 1996 §510.010; CC 1981 §520.010; Ord. No. 249 §1, 7-19-1965]
Except in case of public work done under authority of the City Council, it shall be unlawful for any person, firm, corporation or public utility to excavate or cause to be made any opening in any public street, alley, tree lawn, curb, sidewalk or public place in the City of Breckenridge Hills without first having obtained a written permit therefor from the Commissioner of Public Works or his/her agent.
[CC 1996 §510.020; CC 1981 §520.020; Ord. No. 249 §2, 7-19-1965]
Application for permit shall be in writing and shall state the location and size of said proposed excavation and when the work will be commenced. The permit shall be issued upon payment of the permit fees herein provided. A record of all such permits and permit fees shall be kept in a book maintained for that purpose showing the date, the person to whom issued, location and size of the excavation and the amount of permit fees collected, which fees as collected shall be turned over to the City Treasurer.
[CC 1996 §510.030; CC 1981 §520.030; Ord. No. 249 §3, 7-19-1965]
The Commissioner of Public Works or his/her agent shall inspect the location as may be required and see that the work conforms to the conditions of the permit and make final inspection when the work is completed. After the work is completed, the person doing the work shall backfill and firmly tamp the dirt and materials into the excavation or opening so that an even and smooth surface is left at the excavation point. In due time, after completion of the work, it shall be the duty of the permit holder under the supervision of and subject to approval by the Commissioner of Public Works to cause to be paved or otherwise restored the surface over the excavation with like materials and to the same condition existing before the excavation was made.
[CC 1996 §510.040; CC 1981 §520.040; Ord. No. 249 §4, 7-19-1965]
The permit fees to be paid hereunder, which shall include the cost of issuing the permit and the making of the necessary inspections, shall be three dollars ($3.00) plus three dollars ($3.00) per square foot of excavation. Provided that there shall be no fee for a permit for placing utility poles where no excavation is made except in which the pole is placed. In placing utility poles the restoration of the surface around the poles shall also be made in a satisfactory manner by the holder of the permit.
[CC 1996 §510.050; CC 1981 §520.050; Ord. No. 249 §5, 7-19-1965]
All utilities, persons, firms or corporations seeking to make excavations shall deposit with the City to be held in a separate fund the following deposit to guarantee the satisfactory restoration of the excavated area:
Excavations removing in any degree the paving of any portion of a street, sidewalk, curb, public parkway, tree lawn or unpaved area excepting utility companies on their own easements
In the event that restoration of the area is not completed in a satisfactory manner and so approved by the Commissioner of Public Works or his/her agent within thirty (30) days following completion of the work at the location of the excavation for which such excavation permit was issued, the said Commissioner may, without notice, restore the area. When such restoration is completed, the said Commissioner shall render a statement to the holder of such permit for the cost of the labor and materials based upon the man hours involved, materials used plus ten percent (10%) of such total for equipment use and supervision. In the event such bills are not paid within forty-five (45) days thereafter, the amount thereof shall be charged against the aforementioned deposit and no further permits shall be issued to any such applicant until the balance of such bill in excess of the deposit made is paid. Any deposit in excess of any charge arising out of restoration as aforementioned shall, on written request of the depositor, be refunded or may similarly be left with the City as a deposit or portion thereof on the next application for an excavation permit made by such depositor.
[CC 1996 §510.060; CC 1981 §520.060; Ord. No. 249 §6, 7-19-1965]
It shall be the duty of the City Police to observe any excavation being made as herein provided and to arrest any person or persons engaged in such excavation for which a permit has not been issued.
[CC 1996 §510.070; CC 1981 §520.070; Ord. No. 249 §7, 7-19-1965]
It shall be unlawful for any person to excavate or open any street, alley, sidewalk, curb, parkway, tree lawn or public place, whether or not a permit has been issued therefor, without at all times during the progress of the work providing and maintaining barricades around the same and between sunset and sunrise lights or lanterns sufficient in number and placed so as to provide warning to the public until said work is completed and the excavation or opening is backfilled and the surface restored as herein provided.