Any work or construction hereinafter done on the public streets
or rights-of-way of Mission Woods shall meet the minimum standards
set forth in this Chapter.
No person or entity shall make or cause to be made any cut or
excavation in, through, or under any street, sidewalk, alley, public
right-of-ways, or any other public place in the City for any purpose
whatsoever without a permit therefore first being obtained from the
City.
No permit shall be issued unless an application be made in writing
by the person desiring to make the cut or excavation accompanied by
a map or diagram showing the location of the proposed cut or excavation
in such manner that the house number or lot number in front of which
said excavation 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. The application shall set forth the purposes for
which the cut is made and any other information demonstrating the
need for such cut. The application for permit shall also be accompanied
by certificates showing the applicant is insured under policies of
comprehensive public liability and property damage including automobiles
and trucks with limits of $500,000 to any one person, $500,000 for
any one accident, and $500,000 property damage for any one accident.
Said insurance shall also name the City of Mission Woods as a named
insured on each policy.
The sum of $25 shall be charged for each permit. Except as otherwise herein provided, the further sum of $500 shall be placed on deposit with the City Clerk, or such other official as the governing body may designate, to guarantee the cost of refilling or repaving by the City as set forth in Section
5-606. The cost of the work shall, include inspection fees, if any, to be paid out of the deposits and the surplus, if any, shall be returned by the City Clerk upon approval by the governing body to the applicant not sooner than 12 months after the date of the last resurfacing act. The City Clerk shall issue the permit after the permit fee and the deposit herein set forth have been paid and the requirements of Article 6 (Section
5-601 et seq.) have been met. No permit shall be assignable.
(a) No subsequent permits shall be issued to the same party unless the
full cash deposit is maintained after any levies by the City may have
been charged against him.
(b) If the proposed cut shall be greater than 20 square feet, the deposit
required shall be increased on the basis of $100 for each additional
20 square feet or fraction thereof of surface excavation or tunneling.
(c) Any public utility making a cut or tunnel may, in lieu of the deposit
required herein above, post with the City Clerk, a performance bond,
to be renewed annually, of not less than $10,000 which will guarantee
the cost of repairing the affected areas for a period of at least
one year after completion and acceptance of the job. The term "public
utility," as used in this ordinance, shall be construed to mean every
corporation, company, individual, association of persons, their trustees,
lessees or receivers, that now or hereafter may own, control, operate
or manage, except for private use, any equipment, plant or generating
machinery, or any part thereof, for the transmission of telephone
messages or for the transmission of telegraph messages in or through
any part of this City, or the conveyance of oil or gas through pipelines
in or through any part of this City (except pipelines not operated
in connection with, or for the general commercial supply of gas or
oil), or for the operation of any trolley lines, street, electrical
or motor railway doing business in this City; also all dining car
companies doing business within the City, and all companies for the
production, transmission, delivery or furnishing of storm sewers,
sanitary sewers, heat, light, water, community access television,
electricity, or power.
The person making the cut or excavation in any street, sidewalk,
alley, public rights-of-way, or other public place shall cause the
same to be done with the least possible damage and shall excavate
earth therefrom in such a manner as to cause the least inconvenience
to the public, and to permit uninterrupted passage of water along
the gutters. The excavation or cut shall be filled at the end of each
working day, except when approved by the Building Inspector or his
designee. Broken pavement, earth and debris removed by excavation,
shall also be cleaned up and removed at the end of each day and all
debris shall be completely removed from the site of the work at the
completion of such work. The excavation or trench shall have straight
vertical sides and shoring, siding, and bracing shall be employed
where necessary to prevent cave-ins. If curbs are cut, they shall
be removed to the next joint, or if this joint is more than three
feet beyond the proposed curb cut, a new joint shall be created by
saw cutting the curb in a straight line. Installation of utilities
may be made in tunnels where approved by the Building Inspector or
his designee. Street crossings may be made by boring when approved
by the Building Inspector or his designee. The Building Inspector
or his designee and the Police Department shall be notified whenever
a road is to be blocked or opened to traffic.
It shall be unlawful for any person to drive or operate any
vehicle equipped with cleated or flanged wheels upon any of the paved
streets or alleys of the City in such a manner as to cause injury
or damage to such paved street or alley.
It shall be unlawful for any person to break, damage or injure
any paving or curb on any street or alley of the City It shall further
be unlawful to modify or alter any paving, curb, or gutter.
It shall be unlawful for any person to place, leave or store,
or cause to be placed, left or stored any implements, dead automobiles
or vehicles, tools, boxes, merchandise, goods, trash, cans, crates,
or junk upon public property except for the purpose of loading or
unloading the same.
It shall be unlawful for any person to deposit or cause to be
deposited any garbage, trash, or other refuse, including grass, leaves,
ice, snow, dirt or any other foreign substances, unto any streets
or gutters of the City, when such deposits obstruct or, in any way,
interfere with the free flow of traffic or running water upon the
streets.
Anyone violating the provisions of this Article 6 shall be guilty of an ordinance violation and upon conviction thereof shall be punished by (a) a fine in an amount not exceeding $500 or (b) confinement in the county jail for a period not exceeding 90 days, (c) or by both such fine and confinement. Each day that a violation continues shall be deemed to be a separate offense. Any penalty imposed under the provisions of this Section
5-612 shall be in addition to all other remedies and charges that may be imposed under other provisions of this Article.