[Ord. No. 93-4 § 1 (49.010), 3-11-1993; R.O. 1998 § 510.010]
No person shall make or cause to be made any cuts or excavations in, through or under any street, sidewalk, alley or public place in the City for any purpose whatsoever without a permit therefor being first obtained from City Hall, which permit shall not be issued until the applicant has complied with the Sections of this Article requiring payment of cash bond.
[R.O. 1998 § 510.020; Ord. No. 93-4 § 1 (49.015), 3-11-1993]
A. 
All applications for a permit under the provisions of this Article shall be signed by the person, or his/her duly authorized agent, who desires to do work designated in the application. No such application shall be assignable and no person shall allow his/her name to be used to obtain a permit for any other person.
B. 
The applicant for permit shall designate on the map or diagram placed upon the back of the application, the location of the proposed cut or excavation to be made, in such a manner that the house number or lot number in front of which and the side of the street upon which the same is to be made shall be plainly indicated. The map or diagram shall also show the dimensions and character of the proposed cut or excavation, as well as the method and character of the proposed repavement or resurfacing of the proposed cut or excavation.
C. 
Applications shall be submitted to City Hall.
[R.O. 1998 § 510.030; Ord. No. 93-4 § 1 (49.020), 3-11-1993]
Amount, Purpose. Before any permit under this Article shall be issued for cutting or excavating in, through or under any street, sidewalk, alley or public place in the City, the applicant for the permit shall have deposited a bond with the City in an amount as determined by the Utility Superintendent or his/her representative. This money shall be maintained and held by the City to protect the City on account of any expense it may incur in repairing, refilling, paving or resurfacing any cut or excavation that may be made in the streets, sidewalks, alleys or public places.
[R.O. 1998 § 510.040; Ord. No. 93-4 § 1(49.030), 3-11-1993]
Each cut or excavation for which a permit is granted under this Article shall be completed within fifteen (15) days from the date of issuance of the permit therefor and, in the event of default thereof, a new permit shall be required before the cut or excavation is made, and a new cash bond may be required if so determined by the Utility Superintendent. An extension of time of fifteen (15) additional days, if requested, may be granted by the Utility Superintendent or his/her representative for good cause shown.
[R.O. 1998 § 510.050; Ord. No. 93-4 § 1 (49.040), 3-11-1993]
A. 
Barriers, Lights Required. Any person who shall for any purpose make or cause to be made any excavation in, upon, under or adjoining any street, sidewalk, alley or other public place and who shall leave any part or portion thereof open or shall leave any part or portion thereof obstructed with rubbish, building or other materials during the daytime or nighttime shall cause the same to be enclosed with good, substantial and sufficient barriers, and shall cause one (1) yellow light to be securely and conspicuously posted in or near any such excavation, building material or obstruction, providing that the obstruction does not extend more than ten (10) feet in length. If the obstruction extends more than ten (10) feet, but less than fifty (50) feet in length, two (2) yellow lights, one (1) at each end, shall be so placed, and one (1) additional light for each additional fifty (50) feet or part thereof shall be so placed. Each light required shall be kept flashing or burning during the entire period from the time of the opening of the excavation or cut until the excavation has been properly resurfaced or repaved and opened for travel. The maintenance of these barricades or lights in and around excavations during the entire period is the sole responsibility of the person making the cut or excavation.
B. 
Work To Be Done With Dispatch. The making of any such cut or excavation, the placing or repairing of facilities therein, the refilling of the cut or excavation, and the repaving or resurfacing of any cut or excavation shall be done as expeditiously as possible consistent with good construction practices, and if the same is not so done, in the opinion of the Utility Superintendent, the Utility Superintendent shall have the right to perform or cause to be performed the remaining work necessary and to charge the cost of labor and materials thereof against the cash bond of the person to whom the permit was issued, or in the event the reasonable cost of labor and materials exceed the amount of the cash bond to whom the permit was issued, the Utility Superintendent may require reimbursement of the cost thereof from the person making application for the permit, which payment for any such cost is to be made and enforced in the manner described in Section 510.080.
[R.O. 1998 § 510.060; Ord. No. 93-4 § 1 (49.045), 3-11-1993]
A. 
Compliance With Permit Required. The person making a street cut or excavation shall perform it in the manner designated on the permit obtained for that purpose.
B. 
Authority To Regulate Hours Of Work. The Utility Superintendent is empowered to require that any operation which seriously interferes with the movement of traffic on any street be conducted on a continuous basis or that the operation be discontinued in order that interference with the proper and safe movement of traffic may be eliminated at the earliest possible time.
C. 
Emergency Authority. Notwithstanding the provisions of this Section, in the event of an emergency caused by a telephone or power line break, sewer or water line break, or gas line break affecting service or resulting in major failure of service, where it is essential for the protection of public property, health and safety, it shall be permissible to conduct excavation, open manholes, backfill, repair operations or paving in the roadway of any street in the City during any period of the day, provided that the work is performed continuously until the period of emergency has terminated, whereupon the other provisions of this Section shall again become effective. The Utility Superintendent shall be the person responsible for declaring when any such emergency begins and ends. The Police Department shall be promptly notified of any emergency work performed herein on any City street. Any street cut on public right-of-way shall be straight, uniform and sides parallel. Cut shall be neatly made with a pavement breaker, spade or saw and keeping the size of the opening to a minimum.
[R.O. 1998 § 510.070; Ord. No. 93-4 § 1(49.050), 3-11-1993]
A. 
Any person who causes to be made any cuts or excavations in, through or under any street, sidewalk, alley or public place in the City for any purpose whatsoever shall refill all cuts and excavations according to the following standards:
1. 
Refilling And Resurfacing.
a. 
On concrete streets or driveways, backfill shall consist of compacted granular material to within six (6) inches of the top or thickness of existing pavement or whichever is greater. The remaining six (6) inches shall be filled with Portland cement mix consisting of at least five (5) bag mix. The repair shall be matched as closely as possible to the adjacent undisturbed concrete.
b. 
On asphalt streets or driveways, backfill shall consist of compacted granular material to within five and one-half (5 1/2) inches of the top. The remaining four (4) inches shall be filled with commercial hot mix asphalt. Any refill is to be inspected by the Utility Superintendent or his/her representative prior to the initiation of repaving or resurfacing of any cut or excavation.
2. 
Substandard, Deteriorated Streets — Large Areas — Etc. Should the street be substandard or so deteriorated that a standard repair cannot be made, the Utility Superintendent or his/her representative shall prescribe the appropriate repair and materials. Where cuts and excavations cover extremely large areas or are widely scattered throughout the City, the method of charges and time limits shall be negotiated by the Utility Superintendent or his/her designated representative.
3. 
Refilling — Failure To Perform. In the event of the failure of any person to refill any excavation as required, the Utility Superintendent shall have the right to make or cause to be made any and all refills and to require reimbursement of the cost thereof from the person making the excavation, with payment for any such cost to be made in the manner hereinafter prescribed.
4. 
Cleanup After Refill. The person making any such refill shall be required to clean up and haul away all surplus earth, rock or rubbish within twenty-four (24) hours after the refill has been completed, and in the event of default thereof, the Utility Superintendent shall have the right to remove or cause to be removed any such earth, rock or rubbish, to require reimbursement of the cost thereof from the person making the cut or excavation, with payment for the cost of labor and materials to be made in the manner hereinafter prescribed.
5. 
Notice Of Intent To Refill To Be Given. Any person making a cut or excavation shall notify the Utility Superintendent or his/her representative of his/her intention to commence the refill of the cut or excavation at least four (4) hours prior to the actual commencing thereof.
[R.O. 1998 § 510.080; Ord. No. 93-4 § 1 (49.055), 3-11-1993]
A. 
Character — Quality Of Work. Any person making a cut, opening or excavation in any public road, street, boulevard, alley or any other public place shall execute the work and operation in a complete and workmanlike manner, utilizing equipment and methods which will cause a minimum of damage to the structural elements and components of the pavement of the road, street, boulevard, alley or roadway. The width of the cut or excavation shall be no greater than that necessary for doing the work. Any person making a cut, opening or excavation as aforesaid, shall also refill and resurface or repave and complete in a workmanlike manner, utilizing equipment and methods which will cause a minimum of damage to the structural elements and components of the pavement of the road, street, boulevard, alley or public place in as nearly same condition as immediately prior to the issuance of the permit provided for.
B. 
Permittee Or Person Failing To Perform To Be Liable For Payment. Any permittee or any other person who fails to comply with the provisions of this Article shall pay to the City the cost of labor and materials necessary to enable the City to complete the work in accordance with this Article. It shall be the duty of the Utility Superintendent to make charges for any work completed by the City by order of the Utility Superintendent for failure of the permittee or any other person to perform the work in timely and workmanlike manner as set out in this Article. The Utility Superintendent shall make out a list of the cost of labor and materials necessarily expended or incurred by the City, which charges shall be made known to the person making any such cut or excavation within ten (10) days after the work is completed by the City. If any charge so made by the City remains unpaid after the 10th day of the following month, no further permits for any excavation shall be issued to any such person until the charge has been paid. Unless any such charges so made shall be paid within the time above mentioned, the amount due the City therefor shall be taken out of the permittee's cash bond, and no further permits shall be issued to any such person until their cash bond shall again be brought up to one hundred dollars ($100.00). Unless any such charges so made shall be paid within the time above mentioned, and the amount due the City therefor exceeds the amount of their cash bond, the City Attorney may be authorized to collect any such charges in the manner provided by law.
[R.O. 1998 § 510.090; Ord. No. 93-4 § 1 (49.060), 3-11-1993]
Whenever any property owner or any person representing him/her shall have stated in his/her application or a permit to excavate through or under any sidewalk, that he/she desires to repair the sidewalk himself/herself, or by his/her representative, and that he/she will guard the excavation or defective sidewalk, until repairs are made, by barricades and lights, and that the sidewalks shall be repaired within forty-eight (48) hours after the excavation through or under the sidewalk has been completed, then the property owner or his/her representative shall have the right to repair the sidewalk, provided any such repairs be made under the supervision and inspection of the Utility Superintendent or his/her representative.