[R.O. 2004 § 510.160; Ord. No. 10.13 § 1, 8-5-1958; Ord. No. 10.56 § 2, 6-24-2014[1]]
Prior to any construction work or excavation in any street or alley by any property owner, occupant, person, firm or corporation with the City for any purpose, he/she or it shall first obtain a permit from the office of the Building Inspector. The permit for excavation will be included with any other permits issued for water, sewer or gas projects.
[1]
Editor's Note: This ordinance also changed the title of this Article, which was formerly titled "Permits."
[R.O. 2004 § 510.170; Ord. No. 10.56 § 3, 6-24-2014[1]]
All excavations shall be barricaded by the permittee in such a manner as to protect both pedestrians and vehicular traffic until such time as backfilling is completed. Such excavations and barricades shall be lighted in such manner that all traffic may be warned of the existence and location of such excavations and barricades. All surplus excavation materials, tools or supplies at the site of the excavation shall be barricaded and lighted in the manner described in this Section.
[1]
Editor's Note: Section 3 of this ordinance superseded former Section 510.170, Deposit Required, adopted 8-5-1958 by Ord. No. 10.13.
[R.O. 2004 § 510.180; Ord. No. 10.56 § 4, 6-24-2014[1]]
A. 
The party and/or his/her subcontractor or agents making an excavation in a street, sidewalk, alley, curb or public place in the City, with or without a permit, agrees to:
1. 
Indemnify, hold harmless and defend the City for any claim or loss, damage or expense sustained on account of damages to persons or property occurring by reason of an excavation made by the party, permittee, his/her subcontractor or agent.
2. 
Indemnify, hold harmless and defend the City from any and all liability for the City's own negligence occurring by reason of said opening or excavation. This indemnification of claims for the City's own negligence shall not apply to injuries or damages sustained while City employees are present at the excavation pouring cement or laying asphalt.
3. 
Assume sole responsibility for maintaining proper barricades and/or lights as required by Section 510.170 from the time of the opening of the excavation until the excavation is backfilled and open for travel.
[1]
Editor's Note: Section 4 of this ordinance superseded former Section 510.180, Specifications for Asphalt and Paving, adopted 8-5-1958 by Ord. No. 10.13.
[R.O. 2004 § 510.190; Ord. No. 10.56 § 5, 6-24-2014[1]]
Any person making any excavation in any street, sidewalk, alley, curb or public place in the City in violation of any Section of this Article shall be punishable by a fine as set out in Section 100.220, together with the costs of prosecution.
[1]
Editor's Note: Section 5 of this ordinance superseded former Section 510.190, Restoration After Excavation, adopted 8-5-1958 by Ord. No. 10.13.
[1]
Editor's Note: Former Section 510.200, Street or Alley Not Properly Restored, Section 510.210, Excavations — Barriers, Warning Lights To Be Used, adopted 8-5-1958 by Ord. No. 10.13, and Section 510.220, Excavations — Failure To Comply With Provisions, all adopted 8-5-1958 by Ord. No. 10.13, were repealed 6-24-2014 by Ord. No. 10.56.