No person shall make or cause to be made any excavation in or under any street, alley, sidewalk, or tree lawn in the City of Lake Mills ("City") without first obtaining a permit from the City which authorizes such excavation. City employees, under the direction of their immediate supervisor, are exempt from the requirements of this section.
A.
Application for permit and bond requirement. The excavation permit may be issued only upon a written application signed by the applicant, and shall describe the place where the excavation is proposed to be made with such certainty that the excavation site may at all times be readily located and shall specify the purpose for which the excavation is to be made, and when the excavation is proposed to begin. The permit application shall state that, in consideration of being permitted to make the excavation, the permittee will leave the street, sidewalk, alley or tree lawn, in as good condition as it was when the work was commenced, and that at all times the place where the excavation is made shall be properly marked with adequate safety warning devices, including barricades with operational warning lights, and the permittee shall save the City harmless from any damages, costs and charges that may arise from the permittee's use of the street, sidewalk, alley, or tree lawn. The permit may be conditioned on a requirement to post a surety bond with the City. All such applications shall be numbered and filed with the City Clerk. The City Council may establish a fee by resolution for such permits from time to time.
B.
Two-year maintenance. The person to whom the permit is issued shall be responsible for correcting all defects in excavations and restorations occurring within two years from the completion of the work and shall be liable for all expenses or damages resulting from any defects or repairs of defects. The cost of maintenance and repair during the two-year period shall be at the expense of the permittee.
D.
Record of excavation permits. A record of all permits issued under the provisions of this chapter by the Director of Public Works shall be kept in the office of the City Clerk, which record shall state the name of each applicant, and shall also contain the facts as to location, purpose of excavation and time when the work is to begin, which are required to be stated in the application, and this record shall be open to public inspection.
E.
Contract excavations. Private contractors under contract to the City for the purpose of constructing public works are considered agents of the City and are exempt from the above permit application requirements, but such agents shall be required to post a bond and certificate of insurance with the City which shall save the City harmless from any damages, injuries, costs, and charges which may arise from the agents' use of the street, alley, sidewalk, or tree lawn, and all such agents shall meet the requirements of §§ 573-32 through 573-35.