[§ 1, Ord. 88; as amended by § 1, Ord. 860-90, eff. November 15, 1990; § 2, Ord. 1142-15, eff. August 20, 2015]
It shall be unlawful for any person to make, or cause or permit to be made, any excavation in or under the surface of any public street, alley, sidewalk, or other public place within the City, or to erect any telegraph, telephone, electric light, or other pole in any such public street or public place within the City, without first obtaining a permit in writing from the Director of Public Works and paying a fee or making a deposit as governed by § 7-2.03 to cover the costs of inspections and restoring such public street, alley, sidewalk, or other public place to its original condition. Such fee or deposit shall also cover any estimated City administrative costs and expenses in connection therewith.
[§ 2, Ord. 88 as amended by § 1, Ord. 860-90, eff. November 15, 1990; § 8, Ord. 1001-01, eff. November 15, 2001]
Written application to excavate in any public street, alley, right-of-way or public place in the City shall be made to the Director of Public Works and shall set forth the name and residence or business address of the applicant, a detailed statement of the location and area of each excavation intended to be made and the purpose thereof. The applicant shall pay a fee for the processing of the permit application in an amount to be set by resolution of the City Council.
[§ 2, Ord. 88, as amended by § 1, Ord. 627, eff. March 24, 1977; § 1, Ord. 860-90, eff. November 15, 1990; § 9, Ord. 1001-01, eff. November 15, 2001; § 3, Ord. 1142-15, eff. August 20, 2015]
Each applicant shall be required to pay to the Director of Public Works a deposit to guarantee restoration of the street, alley, right-of-way or public place to be excavated to as good or better a condition as it was in prior to the excavation. Such sum shall be set by the Director of Public Works based upon the reasonable estimate of such restoration costs or as determined annually by City Council resolution. The Director of Public Works may permit a general deposit to be paid by any person intending to make a series of excavations in any public street, alley, right-of-way or other public place in an amount sufficient to guarantee the restoration thereof.
In the event that the excavation is performed by a public utility, the applicant may pay a fee to allow the City to complete the restoration process. The fee will be based upon the actual cost of restoration. In the alternative, the public utility applicant may deposit with the Director of Public Works an amount to cover the costs of restoration of the street, alley, right-of-way, or public place to be excavated to as good and perfect a condition as prior to the excavation should the public utility elect to undertake the restoration instead of allowing the City to complete restoration. The retention and return of such deposit shall be governed by the terms of § 7-2.07.
[§§ 2 and 3, Ord. 88; as amended by § 3, Ord. 860-90, eff. November 15, 1990; § 4, Ord. 1142-15, eff. August 20, 2015]
The permit shall specify the name of the person to whom the permit is issued, the street, alley, or other public place and the particular part thereof to be excavated, the extent of such excavation, and the time within which the excavation shall be made and the street restored to its former condition.
The permit shall also contain a plan drawn on a scale of no less than one inch equal to 10 feet showing the location of the excavation, dimensions of the trench to be dug and all public improvements within the vicinity of the trench. The permit shall also contain the proposed starting and end dates of the excavation work.
No such permit shall be transferable.
[§ 2, Ord. 88; as amended by § 4, Ord. 860-90, eff. November 15, 1990]
In the event of a break or leak in any water or gas pipe, or in the event of any other emergency, immediate repairs may be made, in which event a permit shall be taken out, as required by the provisions of this chapter, within 72 hours after the making of such repairs.
[§ 3, Ord. 88, as amended by § 2, Ord. 627, eff. March 24, 1977; §§ 1, 5, Ord. 860-90, eff. November 15, 1990; § 5, Ord. 1142-15, eff. August 20, 2015]
The work for which such excavation is made shall be prosecuted with due diligence and so as not to obstruct the street and travel thereon more than is actually required to perform the work. In the event the work is not completed within the time specified in the permit, or within the time to which the permit may be extended by the City Manager, or is prosecuted so as to obstruct the street or travel thereon unnecessarily, or in the event such street, alley, or public place is not restored to its former condition within the time fixed in the permit, the Director of Public Works shall notify the person to whom the permit was issued that the terms of such permit have not been complied with and demand compliance with such terms within five days after the service of such notice. If the work is not completed to the satisfaction of the Director of Public Works, the Director of Public Works may do such work as may be necessary to repair such excavation and restore the street or other public place or part thereof excavated to as good condition as the same was in before such excavation was made. The City shall deduct the cost of repairs from the deposit or require the applicant to pay any additional fees to cover the repairs.
[§ 4, Ord. 88; as amended by § 1, 6, Ord. 860-90, eff. November 15, 1990; § 6, Ord. 1142-15, eff. August 20, 2015]
The person by whom any excavation shall be made in any public street, alley, or other public place shall guarantee the work of refilling and the restoration for a period of one year after completion of such excavation against all defects in workmanship or materials. In the event that the excavation is undertaken by a public utility who elects to make a deposit under § 7-2.03, the deposit shall be retained for the longer of: (i) one year after such excavation is complete, or (ii) if repairs are necessary and performed, six months after the repairs are completed.
Whenever within such one year warranty period any part of the work or place needs repairs, the Director of Public Works shall serve on the person by whom the excavation was made a written notice stating the repairs necessary and requiring such repairs to be made within five days after the service of such notice.
The City may proceed to do such work after five days' notice in the event the repairs are not done to the satisfaction of the Director of Public Works. The Director of Public Works shall deduct the cost of any work done or repairs made by the City from any and all deposits then on hand. The balance of any deposit shall be returned to the depositor after the excavation of the aforementioned six months from the completion of the repairs of all excavation by such depositor or after the completion of the same by the Director of Public Works assuming no further repairs are needed, whichever is longer.
[§ 7, Ord. 88]
It shall be the duty of every person making any excavation in any public street, alley, or other public place to place and maintain barriers at each end of such excavation and at such places as may be necessary along the excavation to prevent accidents and to place and maintain lights at each end of such excavation, and at distances of not more than 50 feet along the line thereof, from sunset of each day to sunrise of the next day until such excavation is entirely refilled. It shall be unlawful for any person to fail, neglect, or refuse to comply with the requirements of this section.
[§ 6, Ord. 88]
It shall be unlawful for any person to make, or cause or permit to be made, any excavation in any public street, alley, or other public place for the purpose of removing soil or gravel therefrom or to remove, or to cause or permit to be removed therefrom, any soil or gravel without first obtaining a permit in writing from the Council so to do.
[§ 8, Ord. 88]
It shall be unlawful for any owner, occupant, or person having the control or care of any lot or premises fronting upon any public street, lane, or alley in the City to fail, neglect, or refuse to keep the sidewalk immediately in front of such property and the space between the curb line and the property line of such property free from weeds and other vegetation growing thereon, except such vegetation as may be planted for purposes of ornamentation, or to fail, neglect, or refuse to keep the same free from dirt, filth, garbage, or rubbish other than the natural soil of the same, or to keep such sidewalk and space free from all holes or obstructions dangerous to life and limb, except holes or excavations caused or made by any person, firm, or corporation having a franchise for the erection of poles, the laying of pipes, and work of a similar nature.
[§ 5, Ord. 88; as amended by §§ 1, 6, Ord. 860-90, eff. November 15, 1990]
The Director of Public Works shall deposit in the City treasury all moneys received pursuant to the provisions of this chapter in a special fund which shall be kept by the City Treasurer and designated "Street Repair Deposit Fund". The cost of any work done or repairs made by the Director of Public Works pursuant to the provisions of this chapter shall be paid upon demands audited and paid in the same manner as other demands against the City are audited and paid, and the allowance of such demands by the Council shall be final and conclusive as to the cost thereof. All moneys refunded pursuant to the provisions of this chapter shall be paid upon demands audited and paid in the same manner as other demands against the City are audited and paid.
[§ 2, Ord. 88, as amended by § 3, Ord. 627, eff. March 24, 1977; § 1, Ord. 860-90, eff. November 15, 1990]
In the event of the absence or inability to act of the Director of Public Works, the City Manager may issue permits in accordance with the provisions of this chapter and be vested with all the powers of the Director of Public Works pursuant to the provisions of this chapter during the period of his absence or inability to act.
[§ 4, Ord. 627, eff. March 24, 1977; §§ 1, 7, Ord. 860-90, eff. November 15, 1990; § 7, Ord. 1142-15, eff. August 20, 2015]
The work shall be performed in compliance with the City's Standard Details for Backfill and AC Replacement for Utility Installations.
It shall be the responsibility of the permittee to perform all excavation and backfill work at their sole expense.
[§ 4, Ord. 627, eff. March 24, 1977]
During the refilling of excavations and/or the restoration of improvements pursuant to the provisions of this chapter, the City reserves the right to require a full-time inspector. The cost of such inspector shall be borne by the permittee.