[Ord. No. 38 §23]
No person shall excavate a hole or cut in any sidewalk, street
or alley in the City without first obtaining a permit to do so as
provided by this Chapter.
[Ord. No. 38 §24; Ord. No. 99-021, 8-9-1999]
The fee for the permit required by this Chapter shall be in
the amount of twenty-five dollars ($25.00).
[Ord. No. 38 §26; Ord. No. 54 §1; Ord.
No. 570, 8-8-1994]
A. No
permit shall be issued unless the applicant shall deposit with the
City a sum of three hundred dollars ($300.00). Such deposit shall
not be refunded until thirty (30) days after the completion of the
excavation and final inspection thereof. If, upon inspection, it is
found that the completed excavation is not in accordance with the
standards prescribed by this Chapter, notice shall be given to the
permittee to correct such defects within such time specified therein.
Upon refusal of the permittee to correct such defects, the City shall
correct them and deduct its costs so incurred from the amount of deposit
and refund the balance to the permittee.
B. Permit — Continuing Bond For Utilities. Public utilities which have lines, cables, mains, poles or other constructions within the City of Herculaneum may post a five hundred dollars ($500.00) bond for excavations provided for by this Section in lieu of the one hundred dollars ($100.00) deposit in Subsection
(A). Such bond when filed with the City Clerk shall authorize said utilities to carry on emergency excavations without the permit required herein. Provided however, that such utility furnishing such bond shall obtain a permit from the City Clerk on the next business day after such emergency excavation is commenced.
C. Indemnity. As a condition of the issuance of any permit
or authorization to excavate under the terms of this Section to any
utility, such utility will indemnify and save harmless the City from
any damages, costs or attorneys fees for any cause of action against
the City which may arise from any excavation or construction by said
utility under the terms of this Section.
[Ord. No. 38 §27]
Any person having been issued a permit to make a cut or hole
in a sidewalk, street or alley of this City, shall remove all earth
and dirt excavated from each excavation from the site of such excavation
within forty-eight (48) hours of the commencing of such excavating
procedure. Each day in excess of forty-eight (48) hours after the
commencing of such excavating procedure that such earth and dirt is
not so removed shall be considered a separate violation of the provisions
of this Section.
[Ord. No. 38 §29]
Violation of any of the provisions herein shall be a misdemeanor
and punishable, upon conviction, by a fine of not less than one dollar
($1.00) nor more than one hundred dollars ($100.00).
[Ord. No. 375 §§1 —
2, 9-26-1988; Ord. No.
06-2018 § 1, 2-5-2018; Ord. No. 31-2019, 8-5-2019]
A. Drilling, digging, enlarging or deepening of water wells or reopening of abandoned water wells within the boundaries of the City, except by the City, and the taking of water from wells hereafter dug or drilled within the City, except by the City, is hereby prohibited, except as provided for in Subsection
(C).
B. The taking of water from now existing wells within the City, except by the City, for use in or about buildings or other structures hereafter constructed or hereafter substantially renovated, remodeled or increased in dimension, is hereby prohibited, except as provided for in Subsection
(C).
C. For any property annexed into the City after September 26, 1988, if the installation of a water service extension to provide water pursuant to Chapter
630 would be unreasonable due to the extension consisting of more than four hundred (400) feet, then the property owner may drill a water well and take water from the well. If the property owner would needs to enlarge or deepen the water well or re-open it after abandoning it and, at the time of enlargement, deepening or re-opening of a well, a water service line is located less than four hundred (400) feet from the property, then the property owner shall be required to install a water service extension and obtain water from the City.