[R.O. 2008 § 425.040; R.O. 2004 § 510.010; CC 1990 § 510.010; Ord. No. 626 § 1, 9-9-1987]
Except in case of public work done by authority of the Board of Aldermen, no person shall make or cause to be made any opening or excavation in any public street, alley, highway, sidewalk, tree lawn, parkway on a public easement, or public place or thoroughfare without written permit from the Public Works Department. Any person violating the provision of this Section shall be deemed guilty of an ordinance violation.
[R.O. 2008 § 425.050; R.O. 2004 § 510.020; CC 1990 § 510.020; Ord. No. 626 § 2, 9-9-1987; Ord. No. 773 § 1, 9-7-1993; Ord. No. 1156 § 2, 11-19-2007; Ord. No. 1267 § 1, 9-19-2011]
A. 
Any person having occasion to make any such opening or excavation shall make written application for permit to the Building Department, who is hereby given authority to issue such permits. The application shall state the location and size of the proposed excavation and when the work is to commence. When the permit is issued, the following surety bond or security deposit must be posted within the City of Pevely, Missouri.
1. 
For asphalt streets, a permit fee consistent with the fee schedule maintained by the Building Official; in addition, a deposit in an amount set by the Building Official is also required to be deposited with the City Clerk, which will be used to repave the street at the completion of the project. Security deposit will be retained by the City Clerk.
2. 
For concrete streets, a permit fee consistent with the fee schedule maintained by the Building Official; in addition, a deposit in an amount set by the Building Official is also required to be deposited with the City Clerk, which will be used to repave the street at the completion of the project.
3. 
(Reserved)
4. 
Upon satisfactory completion of work, the applicant shall make a written request for full refund of the sum deposited. The applicant agrees that if all work has not been satisfactorily completed by the expiration date of the permit, the City may use the sum deposited to restore the City property, all easements, rights-of-way and appurtenances to City standards. The applicant further agrees to be financially liable for any cost over and above the amount deposited which may be necessary to complete said restoration of City property.
B. 
If within ninety (90) days after the excavation the applicant restores the pavement in satisfactory form, such deposit shall be refunded to him/her; otherwise, the City shall use the deposit for the purpose of employing others to restore the pavement and surface, and the applicant shall be liable to the City for any cost in excess of the amount of the deposit plus a penalty of twenty-five percent (25%) of the total cost of restoration. If the deposit is more than sufficient to restore the surface, the City shall retain out of the excess an amount equal to twenty-five percent (25%) of the cost of restoration and refund the balance, if any, to the applicant.
C. 
In the case of excavation in parkways, lawns on a public easement and other improved areas, the applicant shall, in addition to the permit fee, deposit with the City of Pevely fifty percent (50%) of the amount herein provided for similar sized paved areas.
[R.O. 2008 § 425.060; R.O. 2004 § 510.030; CC 1990 § 510.030; Ord. No. 626 § 3, 9-9-1987]
The City Clerk is to keep a record of permits and pay over monies. The City Clerk shall keep a full and complete account in a book provided for that purpose, of all permits issued showing the date, party to whom issued, location, all deposits and monies received on account shall be credited to the General Revenue Fund.
[R.O. 2008 § 425.070; R.O. 2004 § 510.040; CC 1990 § 510.040; Ord. No. 626 § 4, 9-9-1987]
The provisions of this Chapter requiring permit before any work is commenced shall not apply in emergencies where the public safety or welfare is endangered, but issued as soon as possible after the work is commenced.
[R.O. 2008 § 425.080; R.O. 2004 § 510.050; CC 1990 § 510.050; Ord. No. 626 § 5, 9-9-1987; Ord. No. 1156 § 2, 11-19-2007; Ord. No. 1267 § 2, 9-19-2011]
A. 
Any person having occasion to make frequent openings for excavations may make and maintain a standing cash deposit in an amount consistent with the fee schedule maintained by the Building Official with the City of Pevely to secure the payment of all deposits and expenses in connection with permits issued and excavations and openings made by such person. In such case, permits shall be issued for work from time to time upon applications. The Public Works or Building Department shall inspect the work and other cases. In the event of the permit holder's failure to restore the surface within the time limit provided in Section 425.050, the City may employ others to restore the surface and charge the permit holder therewith the same penalty as provided in Section 425.050.
B. 
The cost of the permit and of any resurfacing charges incurred by the City may be deducted from the deposit. In no event shall the deposit be permitted to fall below the sum in the fee schedule as maintained in the office of the Building Official. The Public Works Department shall render a statement to the person making the deposit at the end of each calendar quarter in which charges are made against the fund, showing the nature of the charges and cost of work contracted for by the City and chargeable against the deposit.
[R.O. 2008 § 425.090; R.O. 2004 § 510.060; CC 1990 § 510.060; Ord. No. 626 § 6, 9-9-1987; Ord. No. 1156 § 2, 11-19-2007]
In case any person having such standing deposit shall permit the same to decline below the sum as maintained in the office of the Building Official, and to so remain for a period of sixty (60) days, the Public Works Department shall notify such person thereof and shall not issue any future permit to such person without the payment of the proper fees therefor until such standing deposit is brought up to the minimums herein required.
[R.O. 2008 § 425.100; R.O. 2004 § 510.070; CC 1990 § 510.070; Ord. No. 626 § 7, 9-9-1987]
It is the duty of the Police and member of the Department of Public Works to report any excavation or opening in or being made in any street, alley, highway, sidewalk, curb parkway, tree lawn on a public easement or public place and to ascertain whether the provisions of this Chapter have been complied with, and arrest shall be made of persons violating the provisions hereof and said work shall be stopped until compliance is made herewith.
[R.O. 2008 § 425.110; R.O. 2004 § 510.080; CC 1990 § 510.080; Ord. No. 626 § 8, 9-9-1987]
No person shall make any opening or excavation with or without permit in any street, highway, alley, sidewalk, parkway, tree lawn on a public easement or public place in the City of Pevely without providing during the progress of the work and until said excavation has been backfilled and the surface restored barricades around the same as a warning to the public, and between sunset and sunrise lights or red lanterns around said excavation, lighted and sufficient in number and placed in such a manner to be clearly visible in all directions. Any person violating any provision of this Chapter shall upon conviction thereof be fined as set forth in Chapter 100, Article III, of this Code.