[R.O. 2013 § 530.010; Ord. No.
4; Ord. No. 80-7 § 2; Ord. No. 03-78 § 1, 12-8-2003]
A. No person shall tear up, dig up, cut into the surface of
or excavate any part of any public sidewalk, street or alley within
the limits of the City without first obtaining permission to do so
from the City Clerk, who shall be authorized by the Board of Aldermen
and the Mayor to issue written permission to tear up, dig up, cut
the surface of or excavate any of the sidewalks, streets or alleys
upon the following terms and conditions:
1.
Fees. The City Clerk shall receive the following
fees for issuing the permit required by this Chapter:
a.
For excavation on parkways, the sum of five dollars
($5.00).
b.
For excavation in sidewalks or perpendicular to
any street, alley or highway in which the excavation is made:
(1) For sidewalks, the sum of five dollars
($5.00).
(2) For gravel surface, the sum of ten
dollars ($10.00).
(3) For blacktopped surface, the sum
of twenty dollars ($20.00).
(4) For concrete surface, the sum of
thirty dollars ($30.00).
c.
For cuts that are parallel to the alley, street,
highway or sidewalk in which the excavation is made, the sum of seventy-five
cents ($0.75) per running foot.
d.
In no event shall any agency or department of
the City be charged a fee for a permit.
2.
Consent Of City Administrator. The City Clerk
shall not issue the permit required by this Chapter without first
obtaining the written consent of the City Administrator or his/her
designated representative.
3.
Excavation In Concrete And Asphalt Streets. When
being any mechanical device having steel pads or tracks for excavations
on asphalt or concrete streets, such pads or tracks shall be covered
with suitable material so as not to mar the asphalt or concrete surface
of the street.
a.
Excavations In Concrete Streets Or Sidewalks.
(1) 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.
(2) 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.
b.
Excavations In Asphalt Streets. All cuts in asphalt
streets shall be made by proper cutting tools so as not to crack or
disturb asphalt beyond width of trench.
4.
Restoration Of Excavations.
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 chat 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 City Engineer.
The holder of the permit shall replace such 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 chat from the bottom to within five (5) inches of the
top. The remaining five (5) inches of the excavation shall be filled
and tamped with asphalt mix. 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.
Excavation in gravel streets or alleys shall be
filled with chat from the bottom to within twelve (12) inches of the
top. The remaining twelve (12) inches shall be filled and tamped with
crushed stone and such stone shall be tamped in layers not to exceed
six (6) inches in depth.
5.
Protection Of Public. Whoever shall in any 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 red 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.
6.
Permit Restrictions.
a.
Where the excavation extends across the entire
street, the street may not be closed to traffic without permission
of the City Engineer or Street Superintendent and then not for more
than four (4) hours. The permit holder shall notify the Fire Department
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 day and continuing until completion
unless an extension of time is granted by the City Engineer or 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 day and continuing until completion unless an extension
of time is granted by the City Engineer or Street Superintendent upon
request of permit holder prior to expiration date.
d.
The permit holder shall be responsible for maintenance
of the excavation he/she makes in streets, sidewalks and parkways
for a period of six (6) months from date of issuance of permit. Upon
notice by the City Engineer or Street Superintendent, the permit holder
shall make any necessary repairs within eight (8) hours after notification.
Upon failure to do so by the permit holder, the City shall make the
necessary repairs and charge all costs to the permit holder.
[R.O. 2013 § 530.020; Code 1952, Ch. 4, Article
I § 41]
All persons in the City shall keep the paved sidewalks in front
of the tenements respectively occupied by them swept and clear of
mud, dirt and filth, and after any fall of snow shall cause the snow
to be immediately removed therefrom into the carriageway of the street.
Any person violating this Section shall be deemed guilty of an ordinance
violation, and the Public Works Director shall report to the Mayor
all persons violating this Section.
[R.O. 2013 § 530.040; Code 1952, Ch. 4, Article
I § 38]
Any person owning or occupying any building in the City who
shall not cause the pipes or gutters conducting the water from the
eaves of the building to be so constructed as not to spread or spill
the water over the sidewalks shall be deemed guilty of an ordinance
violation.
[R.O. 2013 § 530.050; Code 1952, Ch. 6 § 2]
It shall be the duty of every owner or occupant of any lot or
premises to keep the gutter next to and adjoining such lot or premises
free at all times of all accumulations likely to impede the free passage
of water therein. It shall be the duty of the Public Works Director
to give verbal or written notice to such persons to clean and remove
obstructions from such gutters.