City of Ozark, MO
Christian County
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Table of Contents
Table of Contents
[R.O. 2006 §423.010; Ord. No. 05-006 §5, 2-7-2005]
No person shall make, or cause to be made, any excavation upon any City street or alley or within the right-of-way thereof without first obtaining a permit from the City Clerk of the City of Ozark, in the manner and in accordance with the provisions for such permits made and provided hereinafter.
[R.O. 2006 §423.020; CC 1992 §515.020; Ord. No. 704 §2, 9-19-1974; Ord. No. 05-006 §5, 2-7-2005]
A. 
Where it shall be necessary to make any excavation upon any City street or alley, or within the right-of-way limits thereof, the applicant for an Excavation Permit shall, before receiving such permit, deposit with the City Clerk of the City of Ozark, an amount of United States currency representing a sufficient amount of money to repair such excavation and replace the same to its condition immediately prior to the beginning of such excavation, with the amount thereof to be determined by the Street Superintendent for said City. In no event shall such deposit be less than fifty dollars ($50.00), and such deposit shall be required for each such permit issued. Such deposit shall be returned to the person making the same after such excavation has been completely repaired to its condition prior to such excavation, after payment to the City for all costs incurred by said City for the repair of such excavation as hereinafter provided, and after the Public Works Director of the City of Ozark, has inspected the repair of such excavation and approved the same upon forms for such purpose provided by the said City Clerk.
B. 
In addition to the deposit described and provided for herein, the applicant for an Excavation Permit does agree, by applying for and receiving such permit, to indemnify and to hold the City of Ozark, harmless for any and all damage or expense whatsoever incurred as the direct or indirect result of such excavation, and further agrees to execute all such documents with regard thereto as may be requested by said City and which are not inconsistent with this Section.
[R.O. 2006 §423.030; Ord. No. 05-006 §5, 2-7-2005]
No permit referred to herein shall be issued and no deposit and fees required herein shall be accepted by the City Clerk of the City of Ozark, unless and until the plans and specifications of each excavation for which a permit authorized herein shall be requested, has been submitted to the Public Works Director of the City of Ozark, and the said Public Works Director has approved such plans and specifications on the form for such purpose provided by the City Clerk and such plans and specifications have been filed with the City Clerk, together with the approval thereof, by the Public Works Director.
[R.O. 2006 §423.040; Ord. No. 05-006 §5, 2-7-2005; Ord. No. 18-064, 11-19-2018]
Every person desiring to make excavation upon any City street or alley, or within the right-of-way limits thereof, and desiring a permit therefor, shall pay a fee, said fee shall be as set forth or as established from time to time by ordinance of the Board of Aldermen and on file in the office of the City Clerk.
[R.O. 2006 §423.050; Ord. No. 05-006 §5, 2-7-2005]
At the completion of any work requiring the excavation upon any City street or alley, or within the right-of-way limits thereof, and in no event later than twenty-four (24) hours after such excavation has been commenced, the person making the excavation, or causing the same to be made, and in whose name the permit for such excavation has been issued as provided herein, shall backfill such excavation with what is commonly referred to and accepted as base material at the sole expense of the person making such excavation, or causing the same to be made, and in whose name the permit for such excavation has been issued. No such backfilling shall be commenced, however, unless and until the Public Works Director has been notified of the time and place such backfilling shall be performed and unless and until such Public Works Director is present at the site thereof to witness all operations and work in connection with such backfilling. Such backfilling shall be performed strictly in accordance with the instructions and directions of the said Public Works Director.
[R.O. 2006 §423.060; Ord. No. 05-006 §5, 2-7-2005]
When an excavation has been made upon any City street or alley, or within the right-of-way limits thereof, pursuant to a permit issued in accordance with the provisions of this Chapter, and has been opened to traffic a sufficient length of time to ensure proper settling, which time shall be at least ten (10) days, the person making such excavation, or causing the same to be made, and in whose name the permit for such excavation was issued, shall notify the Public Works Director of the City of Ozark, that the same is ready for final repair. The Public Works Director of Ozark, shall, within a reasonable time after such notification, inspect the same, and if he/she finds that such excavation has properly settled to permit final repair, the said Public Works Director of Ozark, shall cause final repairs and paving or surfacing of such excavation to be performed by the City of Ozark and shall, thereafter and at the completion of such paving or surfacing, execute a certificate of inspection and approval of such excavation which shall be submitted to the City Clerk of Ozark, for the return of the deposit made as provided herein upon the issuance of the permit for such excavation, after payment to the City Clerk of Ozark, for the costs of materials of completing repair of such excavation and for paving or surfacing the same as hereinafter provided.
[R.O. 2006 §423.070; Ord. No. 05-006 §5, 2-7-2005]
Upon completion of the repairs to excavations, including paving or surfacing the same, as herein provided, the Public Works Director of the City of Ozark, shall compute the costs of materials to the City of Ozark for the final repair, including paving or surfacing, of such excavation and upon the completion thereof shall submit a statement to the person in whose name the permit for such excavation was issued for the costs of such materials, and such person in whose name the permit for such excavation had been issued, shall immediately pay the amount of such statement to the City Clerk of Ozark,. In the event the amount of such statement is not paid and satisfied in full within thirty (30) days after its issuance, the City Clerk of Ozark, shall be authorized to deduct the amount of such statement from the deposit theretofore made upon the issuance of the permit for such excavation and refund the balance of such deposit to the person having made the same after receipt of the certificate of inspection and approval of the Public Works Director as herein above provided. In no event shall any deposit made with the City Clerk upon the issuance of a permit provided herein be refunded to the person making the same unless and until all charges provided in this Section have been paid and satisfied in full.
[R.O. 2006 §423.080; Ord. No. 05-006 §5, 2-7-2005]
Each person issued a permit for excavations as herein above provided shall barricade all such excavations in such manner to protect both pedestrians and vehicular traffic. Such excavations and barricades shall be lighted at night with danger signals in such a manner that all traffic will be warned of the existence and location of such excavations and barricades. All surplus excavation materials, tools or supplies at the site of the excavation shall be barricaded and lighted at night in the manner described in this Section.
[R.O. 2006 §423.090; Ord. No. 05-006 §5, 2-7-2005]
Each permit issued hereunder shall authorize only one (1) individual excavation and a separate permit must be obtained for each separate excavation made upon the City streets or alleys or within the right-of-way limits thereof within the City of Ozark.