[R.O. 2003 § 510.010; Ord. No.
11.102 §§ 1 — 10, 12-2-1980]
A.
It shall be unlawful for any person to excavate or cause any excavation
to be accomplished within the City except in conformity with the regulations
herein set out.
B.
Any person desiring to cause any excavation in any street or alley
shall apply to the City Clerk in writing for a permit therefor, and
such application shall be accompanied by a certified or cashiers check
payable to the City or by cash deposit in the amount and for the purpose
hereinafter set out.
D.
The deposit herein required shall justify the issuance of a permit
for excavation in any street for a linear distance not to exceed the
width of the street named in the permit so issued. No permit shall
be issued for any excavation which shall exceed in length the width
of the street named in the permit without the express authorization
of the City Council.
E.
Along with the deposit as herein required, any person applying for
a permit to excavate shall execute and deliver to the City Clerk a
written agreement in the form and manner as may be required by said
City to indemnify said City from any loss or liability whatever arising
out of any personal injuries or property damage sustained by any person
or persons whomsoever by reason of the excavation authorized under
the permit so issued.
F.
The application for a permit as herein set out shall definitely describe
the location of the excavation contemplated and shall state that such
excavation shall not exceed the width of the street named in the application.
G.
Upon compliance with the provisions herein the City Clerk of said
City shall issue a permit to excavate and such permit shall be in
the name of the person applying therefor and shall describe and define
the location of the excavation for which the permit shall be issued
and shall be signed by the City Clerk who shall affix the Seal of
the City thereto. No excavation shall be made in any such street or
alley until such permit shall have been issued.
H.
After any excavation for which a permit shall be issued shall be
completed, the City shall within a reasonable time thereafter restore
the street to a condition similar to the condition before excavation,
and shall prepare and file with the City Clerk an itemized statement
of the cost of such repair, whereupon the City shall deduct from the
deposit made an amount equal to the City's repair cost and return
the balance of the deposit, along with a copy of the statement of
the repair cost, the party making the deposit. If the cost of restoration
shall exceed the deposit the party requesting the excavation shall
promptly pay to the City the amount that such costs shall exceed the
deposit made.
I.
No person shall make or cause to be made any excavation at any location,
public or private, within the City, and leave such excavation unattended
for any period of time whatever, unless and until such excavation
shall be surrounded by barricades sufficiently rigid to guard against
any person falling into or against such excavation or the material
removed therefrom. Between sundown and sunrise, all excavations, whether
attended or not, shall be lighted by flares, torches or other illumination
sufficient to warn either pedestrian or vehicular traffic of the danger
therefrom.
J.
Any person who shall violate any provisions of this Section shall
be deemed guilty of an ordinance violation.
[Ord. No. 22-06.05, 6-21-2022]
A.
All
stormwater drainage ditches shall be kept free and clear of all refuse,
trash and/or garbage, at all times. No person may place, cause to
place, deposit, or permit another to place or deposit any refuse,
trash, or garbage, in any ditch.
B.
The
use of herbicides, grass or weed killing products in stormwater ditches
are prohibited in that such chemicals cause erosion of the stormwater
ditches which requires increased maintenance.
C.
All
culverts installed after the effective date of this Section (6-21-2022)
shall be of adequate dimensions for that location. Different size
culverts may be required by the City, for specific problem areas and/or
locations. No culverts, or other device to conduct water shall be
built, or installed, without approval of the City. Any person installing
any culvert, or other device to conduct drainage water, without the
consent of the City shall be in violation of this Section.
D.
Any
culvert, or other device for conducting stormwater drainage, that
is removed by the City of Marceline in repairing, construction or
maintaining of drainage systems shall be returned to its proper location
after completion of such work. However, if the culvert, or other devices
to conduct drainage water removed is less than the size required by
the City or requires substantial repair due to age or neglect, then
the contiguous property owner shall reimburse the City for the cost
of the new culvert. Such payment shall be made within ninety (90)
days after notice by the City to the property owner. The City shall
be responsible for obtaining and installing all culverts.
E.
Any culvert that is required for new driveway apron construction or related construction involving the stormwater system shall follow the provisions of Subsection (D) of this Section.
F.
Any
existing culverts removed by the City in the process of clearing,
grading, repairing, or maintaining of drainage ditches that may be
damaged and/or broken in such removal, shall be replaced at the City's
expense.
G.
The
City shall not be responsible, or be required, to return any grass,
trees or other object removed when performing such work, except to
the extent of being safe from undue hazards, and that the finished
work is neat and orderly.
