[R.O. 2007 §32-96; Ord. No. 6512 §1, 7-15-2002]
No person shall dig into, construct, repair, use, alter or in
any way disturb any public alley, parkway, street, highway or sidewalk
without first obtaining a permit to do so from the Street Superintendent.
[R.O. 2007 §32-97; Ord. No. 6512 §1, 7-15-2002]
Any person desiring a permit required by this Article shall
make application therefor to the Street Superintendent on forms provided
by the City for such purpose.
[R.O. 2007 §32-98; Ord. No. 6512 §1, 7-15-2002; Ord. No. 19-26, 5-6-2019; Ord. No. 23-69, 11-20-2023]
A. The Street Superintendent shall receive the following fees for issuing
the permit required by this Article, to wit:
1.
For excavation in sidewalks or perpendicular to any street,
alley or highway in which the excavation is made:
a.
For sidewalks, the sum of forty dollars ($40.00).
b. For gravel surface street or alley cuts, the sum of forty dollars
($40.00).
c.
For blacktopped surface, streets or alleys, the sum of fifty
dollars ($50.00).
d.
For concrete surface, streets or alleys, the sum of fifty dollars
($50.00).
e.
For parkway shoulder cuts, thirty-five dollars ($35.00).
2.
For curb cuts that are parallel to the alley, street, highway
or sidewalk, or parkways in which the excavation is made, the sum
thirty dollars ($30.00).
3.
For driveway cuts on asphalt or concrete, the sum of fifty dollars
($50.00).
4.
In no event shall any agency or department of the City be charged
a fee for a permit.
[R.O. 2007 §32-99; Ord. No. 6512 §1, 7-15-2002]
A. The
Street Superintendent shall not issue the permit required by this
Article unless the applicant therefor has first executed unto the
City and deposited with the Street Superintendent a bond with a corporate
surety in the sum of three thousand dollars ($3,000.00), conditioned
that said applicant will perform faithfully all work with due care
and skill and in accordance with the provisions of this Code, ordinances
and regulations of the City.
B. In
lieu of the required surety bond, an applicant may deposit with the
Street Superintendent a certified check drawn on some good and solvent
bank in the amount of three thousand dollars ($3,000.00) and payable
to the City. Said check shall be kept by the Street Superintendent
to insure that applicant will perform faithfully all work with due
care and skill and in accordance with the provisions of this Code,
ordinances and regulations of the City. In the event that applicant
fails to perform all work with due care and skill or in the event
that applicant violates the provisions of this Code, regulations and
ordinances of the City, said check shall be forfeited to the City
and cashed by the City Clerk and the proceeds of said check shall
be used to pay for any damage occasioned by said failure.
[R.O. 2007 §32-100; Ord. No. 6512 §1, 7-15-2002]
A. The
Street Superintendent shall not issue the permit required by this
Article unless the applicant shall deposit a policy of liability insurance
which shall be in full force and effect. Said policy shall provide
for the payment of all claims of every kind and nature which applicant
shall become legally obligated to pay by reason of the unskillfulness
or negligence on the part of the applicant or his/her employees in
performing the work for which the said permit was obtained. Said policy
of insurance shall be in the following amounts:
1. For bodily injury liability for each person, fifty thousand dollars
($50,000.00),
2. For bodily injury liability for each occurrence, one hundred thousand
dollars ($100,000.00), and
3. For property damage liability for each occurrence, one hundred thousand
dollars ($100,000.00).
[R.O. 2007 §32-101; Ord. No. 6512 §1, 7-15-2002]
A. When
using any mechanical device having steel pads or tracks for excavations
on asphalt or concrete streets, said pads or tracks shall be covered
with suitable material so as to not mar the asphalt or concrete surface
of the street.
1. Excavations in concrete streets or sidewalks. All
cuts in concrete shall be a minimum of four (4) feet wide and shall
be made with approved cutting tools so as to have a straight edge
on the adjoining pavement.
All excavations in concrete shall have not less than six (6)
inches of undisturbed soil on either side of the trench between trench
and edge of adjoining concrete.
2. Excavations in asphalt streets. All cuts in asphalt
streets shall be made by proper cutting tools so as to not crack or
disturb asphalt beyond width of trench.
[R.O. 2007 §32-102; Ord. No. 6512 §1, 7-15-2002]
A. Excavations
in public parkways shall be filled with dry dirt from bottom to top
and tamped in layers not to exceed six (6) inches in depth. The holder
of the permit shall restore the parkway to the same condition as existed
before the excavation.
B. Excavations
in concrete streets or sidewalks shall be filled with crushed stone
no larger than one (1) inch with all fines left in it from bottom
to within six (6) inches of the top of the existing concrete. The
remaining six (6) inches shall be filled with Portland cement mix
as may be prescribed by the Street Superintendent. The holder of the
permit shall replace said concrete to the same level as the adjoining
concrete and where the new joins the old concrete that a firm bond
is obtained. The top finish of the new concrete shall be the same
as the old concrete it joins.
C. Excavations
in asphalt streets or alleys shall be filled with crushed stone no
larger than one (1) inch with all fines left in it from the bottom
to within six (6) inches of the top. The remaining six (6) inches
of the excavation shall be filled and tamped with hot mix asphalt.
The new asphalt shall be well compacted and where the new asphalt
joins the old asphalt, a firm bond shall be obtained and the level
of the new asphalt surface shall be the same as the old asphalt surface
it joins.
D. Excavations
in gravel streets or alleys shall be filled with crushed stone no
larger than one (1) inch with all fines left in it and tamped in layers
not to exceed six (6) inches in depth.
[R.O. 2007 §32-103; Ord. No. 6512 §1, 7-15-2002]
Whoever shall in this City dig, make or cause to be dug any
excavation in any street, avenue, alley or other public place or in
any place immediately adjoining the same and shall fail or neglect
to place or cause to be placed around and along such excavation such
barriers as shall be sufficient to prevent persons, animals or vehicles
from falling into such excavation or shall fail or neglect to keep
or cause to be kept a flashing light burning during the night or other
warning device approved for use after dark at each end of such excavation
shall be deemed guilty of an ordinance violation.
[R.O. 2007 §32-104; Ord. No. 6512 §1, 7-15-2002]
A. Where
the excavation extends across the entire street, the street may not
be closed to traffic without permission of the Street Superintendent
and then not for more that four (4) hours. The permit holder shall
notify the Fire Department, Police Department and ambulance services
of the time the street will be closed and opened.
B. All
excavations in gravel and asphalt streets, including parkways, shall
be completed within five (5) days after date of issuance. A penalty
of ten dollars ($10.00) per day shall be charged beginning on the
sixth (6th) day and continuing until completion unless an extension
of time is granted by the Street Superintendent upon request of permit
holder prior to expiration date.
C. All
excavations in concrete streets and sidewalks shall be completed within
fifteen (15) days after issuance of permit. A penalty of ten dollars
($10.00) per day shall be charged beginning on the sixteenth (16th)
day and continuing until completion unless an extension of time is
granted by the Street Superintendent upon request of permit holder
prior to expiration date.
The permit holder shall keep barricades around the concrete
excavation area for five (5) days after replacement to give sufficient
time for curing of new concrete. Where excavation extends across an
entire street, the permit holder shall replace the concrete on one-half
(½) of the street at a time.
D. In the event the permit holder shall fail to complete an excavation as set forth in Subsections
(B) or
(C) of this Section, the City shall take measures to repair the excavation. Upon such completion by the City, the surety bond or check shall be forfeited to the City. Any remaining cost for repairs shall be assessed against the permit holder.
E. The
permit holder shall be responsible for maintenance of any excavation
made in streets, sidewalks and parkways for a period of six (6) months
from date of issuance of permit. Upon notice by the Street Superintendent,
the permit holder shall make any necessary repairs within eight (8)
hours after notification.
Should the permit holder fail to make repairs within said time,
the necessary repairs shall be made by the City and all costs shall
be charged to the permit holder.