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superseded former Section 510.170, Deposit Required, adopted 8-5-1958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.
[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superseded former Section 510.180, Specifications for Asphalt and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superseded former Section 510.190, Restoration After Excavation, adopted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.