[Adopted as Ch. 70, Art. III, of the 2000 Code of Ordinances]
No person making an excavation in a street, alley or public
place shall fail to guard the excavation fully during the period of
construction; and no person causing any such opening to be used, nor
the user, shall fail to guard or barricade the excavation while in
use, so as to protect the safety of the public. No person using any
excavation, or causing the excavation to be used, shall fail to close
the opening in accordance with the directions of the Village Manager
or his or her designee.
No person shall make any excavation or opening in or under any
street, alley or public place without first procuring a permit from
the Village Manager or his or her designee.
[Amended 4-16-2018 by Ord. No. 348]
Any person who desires to procure a permit under this article
shall make application to the Village Manager or his or her designee.
Such application shall be made on the form provided by the Village
and shall include such information as is reasonably necessary for
the Village Manager or his or her designee to be advised of the location
of the proposed excavation; the purpose of the excavation; the work
to be performed and any item to be installed; and such maps, sketches,
drawings or other written materials as are necessary in the reasonable
judgment of the Village Manager or his or her designee to provide
the Village with adequate information with respect to the work to
be done and utility lines or other items to be installed as part of
the excavation. The application shall also include such information
as is reasonably necessary for the Village Manager or his or her designee
to determine whether there has been compliance with Public Act No.
174 of 2013 (the MISS DIG Underground Facility Damage Prevention and
Safety Act, MCLA § 460.721 et seq.).
[Amended 4-16-2018 by Ord. No. 348]
A permit required by this article shall not be issued unless
the person applying for a permit has complied with the requirements
of Public Act No. 174 of 2013 (the MISS DIG Underground Facility Damage
Prevention and Safety Act, MCLA § 460.721 et seq.). Compliance
with Public Act No. 174 of 2013 (the MISS DIG Underground Facility
Damage Prevention and Safety Act, MCLA § 460.721 et seq.)
shall not be deemed to relieve a person from the responsibility for
complying with the provisions of this article.
If the Village Manager or his or her designee shall refuse to
issue any permit under this article, the applicant may appeal to the
Village Council, which shall grant a hearing on the appeal; and the
decision of the Village Council shall be final. In granting a permit
after such hearing, the Village Council may impose such conditions
as it may deem desirable to protect the safety of persons and property.
All work done pursuant to any permit under this article shall
be inspected by the Village Manager or his or her designee, and the
Village Manager or his or her designee may suspend or revoke any permit
so granted where either the workmanship or materials used does not
conform to the plans and specifications approved or required upon
issuance of the permit or when the terms of any permit or of this
article are violated. No person shall perform any work authorized
by any permit or cause any such work to be performed while that permit
is suspended or revoked.
