It shall be unlawful for any person to build, lay or construct
any cement street, sidewalk, curb, gutter or driveway on any street,
avenue or alley in the city, without first having secured from the
city secretary a permit to build, lay or construct same; which said
permit shall be granted only upon an application made by the party
desiring same, and the payment of a permit fee as set forth in the
fee schedule on file in the office of the city secretary. The construction
of all streets, sidewalks, curbs, gutters, and driveways, or any of
them, shall be under the supervision of the city engineer.
(Ordinance 339 adopted 9/30/29)
Except as specifically provided otherwise in this division,
the city manager or his designated representatives shall enforce the
provisions of this division. Unless provided otherwise, the term “enforcement
officer” as used in this division shall mean the city manager
or his designated representatives.
(Ordinance adopting Code)
The provisions of this division shall be in addition and supplemental
to all other provisions of this code and ordinances.
(Ordinance adopting Code)
It shall be unlawful for any person, except city employees 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 enforcement officer.
(Ordinance adopting Code)
The application for a permit required by this division shall
contain such information as the enforcement officer deems necessary
and shall be accompanied by a fee in the amount established by ordinance
and on file in the city secretary’s office.
(Ordinance adopting Code)
In granting a permit required by this division, the enforcement
officer 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.
(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.
(Ordinance adopting Code)
When required by the enforcement officer, the applicant for
a permit under this division shall submit satisfactory evidence that
he has sufficient assets or insurance to indemnify the city for any
costs, losses or liabilities that it may incur by reason of such excavation
and to satisfy any judgments or liabilities arising out of the excavation;
provided, however, that the provisions of this division shall not
apply to applicants for sewer connection or water tap in permits.
(Ordinance adopting Code)
It shall be the duty of the person making any excavation or
doing any boring or tunneling hereunder to fill the excavation and
restore the surface to a condition at least equal to the surface prior
to the excavation or, in the case of boring or tunneling, to take
such steps or precautions as are necessary to assure that there will
be no sinking or shifting of the surface. If so required by the enforcement
officer, any person, except a person tapping on to the water or sewer
system, making an excavation or doing boring or tunneling shall furnish
a deposit, bond or other security sufficient to assure compliance
with this section; provided, however, that the city may elect to fill
and resurface the excavation or take the necessary precautions and
charge the cost thereof against the person making the excavation or
doing the boring or tunneling.
(Ordinance adopting Code)
In addition to any other penalty imposed by law, any person
violating any provision of this division shall have his excavation
permit revoked.
(Ordinance adopting Code)