Violation of any requirement of this part by any person, firm or corporation required herein to give notification of intent to excavate shall be deemed a misdemeanor, and upon conviction therefor shall be punished as prescribed in section
1.01.009.
(1997 Code, sec. 94.99)
It shall be the duty of every person, firm, or corporation,
before excavation is begun in the streets, alleys, rights-of-way,
or easements of the city, first to notify the city office at city
hall of the intent to excavate, and then to delay all excavation until
such time as a line location order is issued by the city for such
excavation, and until utility lines in the area are located by the
director of utilities, or his agent, and said lines are marked and/or
pointed out to the excavator.
(1997 Code, sec. 94.11)
A line location order will be used to record the notification
of intent to excavate by any person, firm, or corporation. The line
location order will be a consecutively pre-numbered form, each form
to be accounted for by the director of utilities for a period of not
less than three years. Each line location order shall contain the
following information:
(1) Name
of the person giving notification.
(2) Name
of the excavator who will perform the excavation.
(3) Telephone
number of the excavator.
(4) Location
of the planned excavation.
(5) Date
and time excavation is to begin.
(6) Such
other information as may be pertinent for clarity of the order.
(1997 Code, sec. 94.12)
The director of utilities, or his agent, shall respond to the
notification by the excavator within two working days after notification,
and shall, by an on-site meeting with the excavator, make the excavator
aware of the existence of utility lines in the area, and shall locate
such lines, and mark them with flags, paint, or other means as necessary
in the opinion of the director of utilities.
(1997 Code, sec. 94.13)
The director of utilities shall make, or cause to be made, an
inspection of the excavation site after excavation is completed or
[prior] to covering said excavation, if it is deemed necessary [due
to] proximity to utility lines or because of the nature of excavation,
and shall inspect such lines for leaks or other line damage. The excavator
shall be notified of this requirement at the time of issuance of the
line location order, and shall be present at the inspection if such
inspection is required.
(1997 Code, sec. 94.14)
The excavator shall be liable for any and all other damage and/or
loss to any and all injured parties, whether public or private. Whether
or not a line location order is obtained prior to excavation, the
excavator shall be liable to the city for actual damages incurred,
including material, equipment and labor for repairs by city employees,
and the value for loss of commodity.
(1997 Code, sec. 94.15)