[HISTORY: Adopted by the City Council of the City of Columbia
as Ch. 12.12 of the 1997 Code. Amendments noted where applicable.]
It is unlawful for any person, firm or corporation to tunnel
under or to make an excavation in any street, alley, parkway or other
public place in the City without having obtained a permit as is herein
required, or without complying with the provisions of this chapter
or in violation of or variance from the terms of any such permit.
Applications for such permits shall be made to the Clerk on
appropriate forms furnished by the City, and shall describe the location
of the intended excavation or tunnel, the size thereof, the purpose
therefor, and the person, firm or corporation doing the actual excavating
work, and the name of the person, firm or corporation for whom or
which 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The permit shall be issued by the Building Official.
No such permit shall be issued unless and until the applicant
therefor has filed with the Clerk a bond in an amount required 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 tunnel or
excavation. Such bond shall have as surety a corporation licensed
to do business in the State of Illinois as a surety company.
[Amended 1997 by Ord. No. 1604]
No such permit shall be issued unless and until the applicant
therefor has deposited with the Clerk a cash deposit in an amount
to be set by City ordinance from time to time if no pavement is involved,
and if the excavation is in a paved area, to ensure the proper restoration
of the ground and laying of the pavement, if any. From this deposit
shall be deducted the expense to the City of relaying the surface
of the ground or pavement and of making the refill if this is done
by the City or at its expense, and the balance shall be returned to
the applicant without interest after the tunnel or excavation is completely
refilled and the surface or pavement is restored.
Any person, firm or corporation making or maintaining any excavation
in any street or alley shall keep the same adequately guarded by barricades
and lights to protect persons and property from injury.
A.
It is unlawful to make any such excavation or tunnel in any way contrary
to or at variance with the terms of the permit therefor. Proper bracing
shall be maintained to prevent the collapse of adjoining ground; and
in excavations, the excavation shall not have anywhere below the surface
any portion which extends beyond the opening at the surface.
B.
No injury shall be done to any pipes, cables or conduits in the making
of such excavations or tunnel; and notice shall be given to the persons
maintaining any such pipes, cables or conduits or to the City department
or officer charged with the care thereof, which are or may be endangered
or affected by the making of any such excavation or tunnel before
such pipes, cables or conduits shall be disturbed.
C.
No unnecessary damage or injury shall be done to any tree or shrub
or the roots thereof.
If any sidewalk is blocked by any such work, a temporary sidewalk
shall be constructed or provided which shall be safe for travel and
convenient for users.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each application for a permit shall state the length of time
it is estimated will elapse from the commencement of the work until
the restoration of the surface of the ground, or until the refill
is made ready for the pavement to be put on by the City if the City
restores such surface pavement. It shall be unlawful to fail to comply
with this time limitation unless permission for an extension of time
is granted by the Building Official.
A.
Any person, firm or corporation making any excavation in or under
any public street, alley or public place in the City shall restore
the surface thereof to its original condition if there is no pavement
there. Refills shall be properly tamped down, and any bracing in such
excavation shall be removed.
B.
Any opening in a paved or improved portion of a street shall be repaired
and the surface relaid by the applicant, in compliance with the ordinances
and subject to the supervision of the Director of Public Works; and
if such work is not done within 10 days after restoration is possible,
the City may restore the surface and charge the cost thereof to the
permittee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Director of Public Works shall, from time to time, inspect
all excavations and tunnels being made in or under any public street,
alley or other public place in the City to see to the enforcement
of the provisions of this chapter. Notice shall be given to him at
least 10 hours before the work of refilling any such excavation or
tunnel commences.
The provisions of this chapter relative to securing permits
shall not apply to officers or employees of the City engaged in doing
work for the City under contract; nor to persons or corporations which
are operating under a franchise or grant from the City if such franchise
provides for the making of excavations and tunnels without securing
a permit therefor.
