Any person violating any provision of this division or any condition or regulation of a permit hereunder shall be subject to punishment by a fine in accordance with the general penalty provision set forth in section
1.01.009 of this code. Each day of any violation shall be considered a separate offense.
(1975 Code, sec. 26-36; 2004 Code,
sec. 3.1021)
It shall be unlawful for any person, except employees of the
city in the course of their employment, to open, dig into, remove
the surface from, excavate or bore or tunnel under any street, sidewalk,
alley, public way or place without first obtaining a permit therefor
from the permit office.
(1975 Code, sec. 26-31; 2004 Code,
sec. 3.1016)
The application for a permit required by this division shall
contain such information as deemed necessary, and shall be accompanied
by a fee in the amount prescribed by the city council.
(1975 Code, sec. 26-32; 2004 Code,
sec. 3.1017)
(a) In
granting a permit required by this division, the city manager may
impose reasonable regulations, including, but not limited to:
(1) The manner of making the excavation, boring or tunneling;
(2) The location of the excavation, boring or tunneling;
(3) Protection of underground utility installations;
(4) The duration of the excavation, boring or tunneling from beginning
to completion of all restoration measures as required by the city
and may require a daily penalty amount to be paid to the city for
each day or any fraction of a day that such excavation, tunneling
or boring remains unrestored to the degree required;
(5) Required safety precautions, such as barricades, lighting, warning
devices, etc.;
(6) The extent and size of the excavation, boring or tunneling;
(7) Steps to be taken to protect nearby property owners.
(b) The
applicant for a permit hereunder shall be the person, firm, corporation,
entity or institution for whose benefit or interest such excavation,
tunneling or boring is being made. Any contractor for such applicant
or any subcontractor to such contractor who may apply in person for
such permit shall, in support of such application, have the written
request by such applicant requesting such permit, showing the maximum
limits of such excavation, tunneling or boring, the estimated time
involved, evidence of the applicant’s assets in sufficient amounts,
or insurance that is deemed to be adequate to indemnify the city for
any costs, losses or liabilities that it may incur by reason of such
excavation, boring or tunneling and to satisfy any judgments or liabilities
arising out of such excavation, boring or tunneling.
(1975 Code, sec. 26-33; 2004 Code,
sec. 3.1018)
The applicant for a permit under this division shall post an
indemnity bond with the city, made payable to the city, in the amount
of double the cost of such excavation or tunneling hereunder, of this
repair, replacement and/or correction of the surface and/or subsurface,
in the event of tunneling, to the condition required by this division.
(1975 Code, sec. 26-34; 2004 Code,
sec. 3.1019)