The Building Department shall, from time to time, inspect all
openings, excavations and tunnels being made in or under any public
street, sidewalk, parkway, alley, avenue or other public place in
the City to see to the enforcement of the provisions of this article.
It shall be unlawful for any person to do any work coming under
the provisions of this article without complying with the provisions
of this article.
It shall be unlawful for any person to make any opening or excavation
in or to tunnel under any public street, parkway, alley, avenue or
other public place in the City, or to install or replace any telephone
poles, telegraph poles or electric power or other kinds of poles upon
any street, avenue, alley or public place within the City, without
first obtaining a permit therefor.
Applications for permits required by the provisions of this
article shall be made to the City Clerk and shall state thereon the
location of the intended opening, excavation or tunnel, the length
of any opening, excavation or tunnel, the purpose of the opening,
excavation or tunnel, the person doing the actual work and the name
of the person for whom the work is being done, and shall contain an
agreement that the applicant will comply with all ordinances and laws
relating to the work to be done. If such application is for the installation
or replacement of telephone, telegraph, electric power or other kinds
of poles, such application shall state the purpose of installing or
replacing such poles, the person doing the actual work and the name
of the person for whom the work is being done, and shall contain an
agreement that the applicant will comply with all the ordinances of
the City and laws of the state relating to the work to be done.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
For a permit to be issued pursuant to this article, the applicant
may be required to file with the City Clerk a bond in a sum set by
the City Council, conditioned to indemnify the City for any loss,
liability or damage that may result or accrue from or because of the
making, existence or manner of guarding or constructing any such opening,
excavation or tunnel. Such bond shall have as surety a corporation
licensed to do business in the state as a surety company or signed
by at least two good and sufficient sureties, other than the applicant,
freeholders of the county and state. In the event of such bond signed
by individuals, such bond shall be approved by the City Council.
The fees for permits issued pursuant to the provisions of this
article shall be payable to the City Clerk upon their issuance and
shall be as determined by the City Council from time to time.
All such permits required by the provisions of this article
shall be issued by the City Clerk upon approval of the City Council.
Promptly after the completion of the work done under a permit
issued pursuant to this article, the person making such opening, excavation
or tunnel shall restore and replace in proper shape and condition
any pavement displaced by reason of such work, and shall restore and
replace the surface of any public way which may be opened or otherwise
disturbed. All of this work shall be done in such manner as shall
be satisfactory to the Building Department, and so as to leave such
public way in a condition equally as usable as before it was opened
or disturbed under such authority. The Building Department may, at
its discretion, require such person to do additional work to restore
the surface in a manner satisfactory to the Department. Upon ascertaining
that such work has been properly completed, the City Clerk shall cause
any bond furnished pursuant to the provisions of this article to be
released.
