[Rev. Ords. 1910 §137; CC 1976 §30-22]
No person shall excavate in, through or under any street, sidewalk, alley or other public place in the City without first securing a permit therefor from the Commissioner of Public Works.
[CC 1976 §30-23]
A.
All applications for permits required by this Article shall be signed by the person who desires to do the work designated in the application. The application shall not be assignable and shall be used only by the person desiring to make such further excavation. No person shall allow or permit his/her name to be used to obtain a permit for any other person.
B.
The applicant shall designate the location of the proposed cut or excavation and file with the application a plat showing the exact location, width, depth and length of such cut or excavation and the side of the street upon which the same is to be made.
[CC 1976 §30-24; Ord. No. 1284 §1, 2-5-1980; Ord. No. 1864 §1(G), 8-1-1995]
Before any permit is issued under the provisions of this Article, the applicant therefor shall pay a fee of thirty dollars ($30.00)
[Ord. No. 1052 §1, 12-15-1970; CC 1976 §30-25]
A.
Each applicant for a permit to excavate shall furnish the City a surety bond, which shall run for two (2) years, executed by an approved corporate surety company, running to the City and to any successor to its Governmental authority over the location of the excavation, conditioned on the performance by the applicant of the obligations imposed by this Article and incorporating this Article by reference. The amount of such bond shall be the cost of the excavation, including backfill and materials, estimated by the Commissioner of Public Works.
B.
Any person who shall file with the City a blanket surety bond as described in this Section in any amount, conditioned on the performance of such person's obligations under this Article with respect to all excavations, shall be relieved of any further requirements to bonds unless and until the total amount of bonds which would otherwise be required under this Article shall equal the amount of such blanket bond.
C.
Proof of the bond in the amount of one hundred percent (100%) of the contract will be acceptable to the City.
[CC 1976 §30-26]
Upon the breach of the conditions of the bond filed by any person under this Article, the Board of Aldermen shall order a suit filed for the breach of said bond.
[CC 1976 §30-27; Ord. No. 2966 §1, 8-16-2016]
Any person cutting or excavating under a permit issued pursuant to this Article shall cause the same to be done with the least possible injury to the streets, sidewalks, alleys or other public places and shall place the materials therefrom where they will cause the least possible inconvenience to the public and will permit the uninterrupted passage of water along the gutters. The width of the excavation shall be no greater than is necessary for doing such work. Should any person making an excavation fail to restore any streets, sidewalks, alleys, or other public places to standards established by the City, the City may make such restoration as deemed necessary and charge the person and/or entity making the excavation one and one half times (1 1/2) the direct labor and material costs of making the restoration.
[Ord. No. 1052 §2, 12-15-1970; CC 1976 §30-28]
The restoration of sites of excavation or where poles have been set shall be accomplished by the use of granular backfill under the supervision of the Commissioner of Public Works.
[CC 1976 §30-29]
The person making any cut or excavation pursuant to a permit issued under this Article shall notify the Commissioner of Public Works at least three (3) hours prior to the commencement of refilling any cut or excavation. Such refilling and repairing shall be done pursuant to such specifications established therefor and on file in the office of the Commissioner of Public Works.
[CC 1976 §30-30]
With proper notification, permits and bonds as required by this Article, the person doing any cutting or excavating shall make proper filling thereof and shall immediately clean up and haul away all surplus earth, rock or rubbish therefrom.
[Rev. Ords. 1910 §§110, 111; CC 1976 §30-31]
Any person who has made an excavation in any of the streets, sidewalks, alleys or other public places in the City shall cause such excavation to be barricaded in such a manner as to adequately protect traffic, both vehicular and pedestrian, and shall cause such excavations, barricades, excavated materials, tools, supplies or equipment at such excavated area to be lighted with proper and suitable danger signals in such a manner that all traffic may be amply and duly warned of the existence of such excavations, barricades, materials, tools, supplies or equipment.