[CC 1985 § 26-106]
Whenever in this Article the phrase "public way" is used the
same shall be held to include any and all streets, avenues, alleys,
parkways or sidewalks.
[CC 1985 § 26-107]
A.
No person whether licensed or not, shall, unless officially
authorized to do so, make an excavation within the right-of-way limits
of any public way without first obtaining a permit in writing from
the Director of Municipal Services. Any person other than a licensee
who desires a permit to make an excavation in public ways in the City
will be required to post a cash bond in the amount determined by the
Director of Municipal Services.
B.
Whenever any department of the City, or any corporation having authority under its franchise to do so, shall make any excavation in any public way in the City, such corporation and the head of such City department shall first obtain a written permit as provided in Subsection (A), except that no bond will be required of such City department.
C.
Any person required to obtain a permit under Subsection (A) to make an excavation within the right-of-way limits of any public way if the adjacent surface be asphalt, macadam, asphalt or oil seal, or rock, shall pay to the City a fee of fifty dollars ($50.00) for such permit. The person making the excavation shall be responsible for all labor, material and equipment necessary to make the excavation and for backfilling same, except the City shall furnish the equipment and labor necessary for compacting the backfill in accordance with the provisions of Section 510.670.
[CC 1985 § 26-108]
Any person who has made an excavation in any of the public ways
of the City shall cause such excavation to be barricaded in such manner
as to adequately protect traffic, both vehicular and pedestrian, and
shall cause such excavations, barricades, excavated materials, tools,
supplies or equipment at such excavated sites to be lighted with proper
and suitable danger signals in such manner that all traffic may be
amply and duly warned of the existence of such excavations, barricades,
materials, tools, supplies or equipment.
[CC 1985 § 26-109]
A.
At the completion of any work requiring an excavation in
public ways, such excavation shall be immediately backfilled by filling
the excavation or opening in approximately six-inch lifts with suitable
backfilling material. Each lift shall be well-tamped or compacted
with either hand or mechanical tampers and sufficient water shall
be added to each lift uniformly to assure thorough settlement and
density thereof.
B.
It shall be the duty of the Director of Municipal Services
to inspect the backfill upon completion of same. If the excavation
has been made by any person required to obtain a permit under Section
510.650(A), and if conditions are found to be satisfactory, the person
responsible for the excavation shall be relieved from further liability
and maintenance in connection therewith.
[CC 1985 § 26-110]
Every sanitary sewer connection made within any public way in
the City shall be inspected by the Code Official before any part of
the excavation is backfilled, and no person shall backfill any excavation
containing any sanitary sewer connection without the prior approval
of the Code Official.
[CC 1985 § 26-111]
After an excavation has been backfilled in any public way as
herein provided, if the excavation has been made by any person as
outlined in Section 510.650(B), the person
responsible for the excavation shall maintain the backfill for a period
of ninety (90) days and make certain the backfill surface remains
at approximately the same grade as the adjacent surface and at such
level that it will not be hazardous or detrimental to persons or vehicles
passing thereover. If in the opinion of the Director of Municipal
Services, the person responsible for the excavation fails to maintain
said backfill at the proper grade or level, the City shall restore
the backfill to the required grade or level and charge the costs incurred
to the person responsible for the excavation in accordance with provisions
set forth herein.
[CC 1985 § 26-112]
At the expiration of ninety (90) days from the initial backfilling
of an excavation, if the excavation has been made by any person as
outlined in Section 510.650(B), the Director
of Municipal Services shall inspect the same and if conditions are
found to be satisfactory the person responsible for the excavation
shall be relieved from further liability in connection therewith,
except for the cost of any items of work done by the City but necessitated
through negligence or failure on the part of the person responsible
for the excavation and the cost of resurfacing as herein provided.
[CC 1985 § 26-113]
In the event that upon final inspection as provided in Section
510.700, the Director of Municipal Services shall determine that the
excavation has not been properly backfilled or that conditions are
not satisfactory, he/she shall so advise the person responsible for
the excavation and if thereafter such person fails to take reasonably
expeditious measures to make the necessary corrections, the City will
perform the required work and charge the cost incurred together with
the cost of surfacing the excavation as herein provided to the person
responsible for the excavation.
[CC 1985 § 26-114]
In the event of the removal of certain existing compacted base,
such as concrete, rolled stone, macadam or brick, the same shall be
replaced with concrete six (6) inches thick before resurfacing.
[CC 1985 § 26-115]
A.
Upon acceptance of the backfill by the Director of Municipal
Services, if the excavation has been made by any person required to
obtain a permit under Section 510.650(A),
the City shall proceed to resurface the area excavated with the same
type and with as good quality surface as the adjacent surface.
B.
Upon acceptance of the backfill by the Director of Municipal
Services if the excavation has been made by any person required to
obtain a permit under Section 510.640(B), the person
responsible for the excavation shall immediately proceed to resurface
as the adjacent surface, which resurfacing shall be subject to the
inspection and approval of the City Engineer. Any cost incurred by
the City by reason of negligence or improper or unfinished work by
the person responsible for the excavation or by reason of any noncompliance
with this Article shall be paid for by the person responsible for
the excavation.
