It shall be unlawful for any person to make any excavation or
opening in any street, alley or public highway of the city without
first having obtained a permit from the city superintendent to do
so.
(1975 Code, sec. 26-20; 2004 Code,
sec. 3.1001)
The application for a permit to make an excavation or opening
in any street, alley or public highway of the city shall be made to
the city superintendent. Such application shall clearly state the
name of the street or highway in which it is proposed to make such
an opening, the exact location in the highway wherein it is proposed
to make such opening, the purpose of making the opening and the name
of the person who proposes to make such excavation or opening.
(1975 Code, sec. 26-21; 2004 Code,
sec. 3.1002)
The city superintendent shall estimate the probable cost of
replacing the soil which may be removed from any public street or
highway wherein an excavation or opening is being made, and shall
require the applicant to file a written bond in an amount sufficient
to cover such cost, with two (2) or more sufficient sureties, conditioned
that such street or highway shall be restored in as good condition
as it was before such excavation or opening was made therein. Such
bond shall be received and approved by the city superintendent. If
the applicant elects so to do, he may make a cash deposit in such
sum as may have been fixed by the city superintendent in lieu of the
written bond.
(1975 Code, sec. 26-22; 2004 Code,
sec. 3.1003)
When the bond or deposit required in section 3.08.043 shall have been accepted by the city superintendent, he shall issue a permit for the excavation or opening named in the application, and the applicant may proceed with the work in the exact location named in his application and in no other place.
(1975 Code, sec. 26-23; 2004 Code,
sec. 3.1004)
It shall be the duty of any person making an excavation in the
streets of the city to adequately and sufficiently protect all such
excavations by barricades or other obstructions, including not less
than one red light on each side of such excavation during the nighttime,
so as to prevent accidents or injury to persons or property until
such time as such excavation is resurfaced and approved by the building
inspector.
(1975 Code, sec. 26-24; 2004 Code,
sec. 3.1005)
All the work of excavating or making any character of opening
in any of the streets, alleys or highways of the city shall be under
the supervision of the city superintendent at all times, and the person
doing such work shall do the same in the manner directed by the city
superintendent to the end that the streets and highways of the city
shall not be unduly disturbed and traffic thereon obstructed.
(1975 Code, sec. 26-25; 2004 Code,
sec. 3.1006)
After an excavation or opening shall have been made, the person
so making it shall backfill the same with such materials and in such
a manner as the city superintendent may require, and shall leave the
street or highway in at least the same condition as it was before
the excavation or opening was made therein.
(1975 Code, sec. 26-26; 2004 Code,
sec. 3.1007)
The conditions of the bond required by section 3.08.043 shall not be considered to have been complied with until the building inspector has accepted the street or highway as being in good condition. In the event that the person making the opening shall fail to leave the street or highway in a good state of repair satisfactory to the building inspector, the inspector shall call upon the bondsmen to pay for the cost of repairing such street or highway; provided, however, in the event of a cash deposit instead of a bond, the inspector may proceed to have the street or highway put in a good condition, paying for the same out of the deposit made with him, and if there is any remainder of the deposit after paying for such work, it shall be refunded to the person making the deposit.
(1975 Code, sec. 26-27; 2004 Code,
sec. 3.1008)
