Any person violating this division shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code, and each act done in violation thereof and each day that such violation or violations continue shall constitute a separate offense and be punishable as such.
(1977 Code, sec. 14-26; 2004 Code, sec. 3.617)
This division includes the procedures and specifications approved by the city council for making and restoring an excavation or pavement cut in any alley or street, improved or unimproved, within the corporate limits of the city. This division applies to, but is not limited by, the type of excavations involving utility extensions, utility connections, conduit placement, repair of utility lines, and utility line construction. Exhibit A, “Street Excavations and Paving Cuts,” on file in the city secretary’s office, is hereby incorporated as a part of this division.
(1977 Code, sec. 14-10; 2004 Code, sec. 3.601)
It shall be unlawful for any person, firm, partnership, association, corporation, company, utility or organization of any kind to excavate or cut any street or alley, improved or unimproved, within the corporate limits without obtaining a street excavation permit in accordance with the provisions of this division; provided, however, that the provisions hereof shall not apply to city personnel in the normal maintenance and/or construction of city streets, alleys and utilities, or to contractors performing the same on behalf of the city.
(1977 Code, sec. 14-11; 2004 Code, sec. 3.602)
All applications for a street excavation permit shall be made in writing and shall be addressed to the city manager. The application shall state specifically the nature, location, purpose, length of the proposed excavation in lineal feet, and estimated date of beginning and completion of the proposed excavation. Except in instances of emergency repair to utility lines, a street excavation permit must be obtained prior to the beginning of excavation. In such instances of emergency repair to utility lines, a street excavation permit must be obtained within forty-eight (48) hours after the beginning of excavation. An application for a street excavation permit must be approved or denied by the city manager and city street superintendent within three (3) working days after the date of its submission.
(1977 Code, sec. 14-12; 2004 Code, sec. 3.603)
(a) 
Street classifications and fees thereof for the purpose of repairing street cuts made by other utilities or licensed plumbers in the city will be as follows:
(1) 
Class A (good condition): $16.50 per square foot for repairs.
(2) 
Class B (fair condition): $13.50 per square foot for repairs.
(3) 
Class C (poor condition): $10.50 per square foot for repairs.
(b) 
Classification shall be determined by the city street superintendent.
(Ordinance adopting 2004 Code; 2004 Code, sec. 3.604; Ordinance 703 adopted 12/17/18; Ordinance 772 adopted 4/21/2025)
Prior to the removal of an asphalt paving surface, a smooth vertical joint shall be cut through the surface and completely around the area to be removed. This joint may be made with an ax or any suitable tool that is approved by the city street superintendent or his representative. Prior to the removal of any concrete paving surface or concrete base, a vertical joint shall be cut with a concrete saw completely around the area to be removed. This cut shall be of sufficient depth to insure a smooth joint when a concrete paving surface or concrete base is removed. The width of concrete removed shall conform to exhibit A, “Street Excavations and Paving Cuts,” on file in the office of the city secretary. Any brick surface shall be removed with as little damage as possible to the brick.
(1977 Code, sec. 14-14; 2004 Code, sec. 3.605)
Excavated materials shall be laid along the side of the excavation and kept trimmed so as to cause as little inconvenience as possible to public travel. If the excavated area is muddy and causes inconvenience to pedestrians, temporary wooden plank walks shall be constructed. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, at least one-half (1/2) of the sidewalk width shall be kept open at all times as a pedestrian passageway.
(1977 Code, sec. 14-15; 2004 Code, sec. 3.606)
(a) 
All debris, wasted concrete, lumber scraps, or other foreign matter that may be in the backfill material shall be removed prior to beginning the backfill. Backfilling shall be accomplished by one of the following methods:
(1) 
Backfill shall be placed in uniform layers of eight-inch (8") maximum thickness and each layer shall be compacted to a density equal to the adjacent undisturbed soil. If necessary to obtain proper density, the backfill material shall be moistened. If the base and surface are to be put in place immediately after backfilling, the excavation shall be backfilled to the subbase level. If there is to be a lapse of time between the completion of the backfill and the restoration of the paving base and surface, the excavation shall be backfilled to the grade of the adjacent paving surface. In unimproved alleys or streets, the compacted backfill shall be brought up to grade.
(2) 
The excavation shall be completely backfilled and the water jetting method used to settle the backfill material. Excess water in any excavation shall be cause for rejection of the water jetting method and a requirement to use pneumatic tamps. Prior to the restoration of the paving base and surface, the backfill material shall be removed from the excavation to a point of two feet (2') below the adjacent paving surface and replaced in uniform layers of eight-inch (8") maximum thickness. Each layer shall be compacted to a density equal to the adjacent undisturbed soil.
(b) 
No base material shall be placed in the excavation until the subbase is stable and free of excess moisture. Any water needed in the backfilling of a street excavation may be taken from a city fire hydrant equipped with a meter, if approved by the city manager. The person, firm, or organization using the water will be billed for same.
(1977 Code, sec. 14-16; 2004 Code, sec. 3.607)
The restoration of a flexible base or concrete base shall be done with materials and methods approved by the city street superintendent. The restored base must be of equal or better quality than existing.
(1977 Code, sec. 14-17; 2004 Code, sec. 3.608)
The restoration of an asphalt, concrete or brick paving surface shall be done, or caused to be done, by the city. The restoration of an unimproved surface shall be done by the person, firm or corporation making the excavation or cut by bringing the compacted backfill up to grade.
(1977 Code, sec. 14-18; 2004 Code, sec. 3.609)
Any curb, gutter, or sidewalk removed or damaged during the work involved in any street excavation shall be replaced with equal or better quality concrete. Any curb, gutter, or sidewalk replaced shall be of the same size and section as the existing curb, gutter, or sidewalk. Even though the damage to any curb, gutter, or sidewalk does not involve a full joint, the entire joint shall be replaced.
(1977 Code, sec. 14-19; 2004 Code, sec. 3.610)
The method of performing any tunneling, boring, or jacking under an improved street and the type of pipe to be placed under the street shall be approved by the city street superintendent or his authorized representative before work begins. Mud formed in boring excavations shall be used to fill voids around any pipe or casing in a bored excavation. If possible, pits or trenches needed to facilitate jacking, tunneling, or boring operations shall be excavated outside the paved area of the street. Any pits or trenches excavated for tunneling, boring, or jacking purposes shall be backfilled immediately after the pipe is in place.
(1977 Code, sec. 14-20; 2004 Code, sec. 3.611)
Before any street is closed, the city manager must be contacted. After approval is procured and prior to the time the street is closed, the person, firm or corporation closing the street shall notify all ambulance services, local law enforcement agencies, and the fire department advising them when the street will be closed and when it will be reopened.
(1977 Code, sec. 14-21; 2004 Code, sec. 3.612)
The person, firm or organization making the excavation or cut shall furnish, place, erect, and maintain adequate flares, barricades, construction signs, guards, and any and all things necessary for the protection of private property and the public.
(1977 Code, sec. 14-22; 2004 Code, sec. 3.613)
Should it be necessary to detour traffic at any point, the person, firm or organization making the excavation or cut shall erect proper barricades and post definite detour directions at all points to be traveled by those who must detour. If a dirt street is used for a detour, the dust shall be kept settled on a detour so that it will not be obnoxious to those living adjacent or near the detour.
(1977 Code, sec. 14-23; 2004 Code, sec. 3.614)
When backfilling of the excavation and restoration of the paving surface has been completed, all surplus construction materials, equipment, scraps, broken pipe, debris, and rubbish shall be removed, and the site shall be left in a clean and neat condition.
(1977 Code, sec. 14-24; 2004 Code, sec. 3.615)
The city street superintendent or his authorized representative shall be authorized to inspect all work done in connection with any alley or street excavation or pavement cut and the replacement of same. All work involved in making and restoring an excavation or pavement cut shall be in accordance with these specifications and exhibit A on file with the city secretary.
(1977 Code, sec. 14-25; 2004 Code, sec. 3.616)