[Adopted 7-7-1998 by Ord.
No. 810 (Title 7, Ch. 2, of the 2009 Code of Ordinances)]
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.
Employees or agents of the natural gas utility providing service to properties within the City may request an all encompassing written authority from the Director of Public Works to conduct excavations in order to provide and maintain essential services. This written authority shall expire one year from date of issuance. All gas utility excavations and restorations shall comply with the provisions of §§ 573-32 through 573-35.
Any person receiving a permit under this chapter shall have
the permit at the place where the work is being done during working
hours and shall exhibit said permit to any police or other officer
of the City on demand.
When excavations are made in macadam streets or unpaved streets
and alleys surfaced with gravel, they shall be made and filled in
the following manner: The backfilling below the surface shall be done
with gravel, sand or crushed stone, firmly tamped, and all earth,
stone or other material excavated shall be hauled away by the person
authorized to make the excavation. All backfilling shall be inspected
by a representative of the Department of Public Works prior to patching.
All such excavations shall be given a temporary asphalt surface two
inches thick immediately following the completion of the inspection.
Excavations in paved streets shall be made and filled in the
following manner: The opening in the pavement shall be sawed, unless
otherwise permitted by the Director of Public Works, and the foundation
must be at least 16 inches larger in all directions than the size
of the trench to be excavated so that there may be a shoulder of solid
earth eight inches wide on all sides of the opening to support the
new pavement. If the sides of the trench cave during the progress
of the work, additional pavement shall be broken to retain eight inches
of the shoulder on all sides. The backfill below the pavement shall
be done with gravel, sand or crushed stone, firmly tamped, and all
stone, earth and other material excavated shall be hauled away by
the person authorized to make the excavation. All material used shall
comply with City regulations and specifications. The backfilling shall
be inspected by a representative of the Department of Public Works
prior to patching. Restoration of the surface of a paved street or
alley shall be the responsibility of the permittee. Such restoration
shall consist of either concrete or a permanent hot patch of asphalt
as specified in the permit as soon as weather permits and shall consist
of a temporary cold patch of asphalt only until such permanent patch
can be laid. The surface of the patched area shall be level with the
existing street. Such restoration shall be inspected by the City under
the supervision of the Director of Public Works.
Excavation of sidewalks shall be made and restored in accordance with Article IV of this chapter of the Municipal Code. Excavations in tree lawns shall be made in such a manner as to minimize the area excavated. Backfill shall consist of sand firmly tamped with a minimum of six inches of topsoil to restore the tree lawn to its previous level. Sod shall be placed in all areas that have been excavated, unless seeding has been allowed in the permit.
Whenever the Director of Public Works determines that any restoration
is or has become defective during the two-year guarantee period, he
shall give written notice to the permittee or its surety stating the
defect, the work to be done, and the period of time deemed reasonable
for completion of the correction of the defect. After receipt of the
notice by certified mail, the permittee or surety shall repair the
defect or indemnify the City for the cost of the work. Such repair
or payment shall occur within the time set forth in the notice. If
no such repair or indemnification occurs during said period of time,
the City shall proceed with enforcement as provided in this article,
and the City shall cause the defect to be corrected at the expense
of the permittee.
Property owners or their agents may request that portions of
streets, alleys, or sidewalks be temporarily obstructed or blocked
in order to facilitate construction activities on private property.
Requests shall be submitted to the Department of Public Works five
working days prior to the requested period. Approval authority is
the Director of Public Works. Requests shall include the period of
time the obstruction will be in place and a detailed description of
the area containing the obstruction, including the specific street
address. Property owners or their agents shall be responsible for
insuring that adequate safety warning devices, including barricades
with operational flashing lights, are placed around all permitted
obstructions.
Any person violating any provision of this chapter or any rules
and regulations adopted hereunder shall be subject to a penalty as
provided in § 1-19of this Code. Each violation and each
day on which a violation occurs and continues shall constitute a separate
offense. This section shall not preclude the City from maintaining
any appropriate action to prevent or remove a violation of this chapter.
