It shall be unlawful for any person to make
any excavation, opening or tunnel in, on or under any of the streets,
roads or highways of the City without having first obtained a permit
for the same as hereinafter set forth or without complying with the
provisions of this section or in violation of or variance from the
terms of any such permit.
Applications for such permits shall be made
in writing and filed in triplicate with the City Manager or his designee
and shall describe the exact location of the intended excavation,
opening or tunnel, the size thereof, the purpose thereof and the person
doing the actual work and the name of the person for whom the work
is being done and the period of time within which the work shall be
performed. The applicant shall state that it shall comply with all
ordinances and laws relating to the work to be done.
A copy of the application shall be forwarded
to the Police Department for a report concerning traffic control on
the roadway or walkway to be affected, and a copy shall be forwarded
to the Department of Public Works and the City Engineer, who shall
jointly prepare an estimate setting forth the amount required to restore
the street, sidewalk, road or highway to its original condition after
the same has been excavated, opened or tunneled, in accordance with
the application.
The permit shall be issued by the City Manager
or his designee subject to such terms and conditions as he shall deem
necessary to ensure safe and unimpeded traffic flow, provided that
the applicant shall have paid a fee to the City and shall have filed
a performance guaranty with the City as hereafter provided.
[Amended 6-14-2022 by Ord. No. 2938]
A. Fees, escrows, and deposits for permits shall be as follows:
(1) The fee for a road opening permit shall be $300.
(2) The fee for road opening inspections shall be $350, which shall cover
up to a maximum of four site inspections. Additional inspections shall
require a fee of $75 per inspection.
B. All permits shall be countersigned by the City Manager and the City
Engineer. A preconstruction meeting may be required by the City Manager
and/or the City Engineer. A preconstruction meeting shall be required
for all excavations involving more than 100 linear feet.
[Amended 12-22-1992 by Ord. No. 2106]
During the progress of the work and until the
street, road or highway has been restored to its former condition,
the person responsible for making the excavation, opening or tunnel
shall cause the same to be properly guarded, both in daytime and at
night in such a manner as to prevent injury to persons and property
in accordance with the Manual on Uniform Traffic Control Devices,
(MUTCD) as it controls and regulates whenever construction, maintenance
operations or utility work obstructs the normal flow of traffic.
If any sidewalk is blocked by any work, a temporary
sidewalk shall be constructed or provided which shall be safe for
travel and convenient.
[Amended 6-14-2022 by Ord. No. 2938]
A. The City Manager or his designee shall from time to time inspect
or cause to be inspected all excavations, openings or tunnels being
made in, on or under any street, road or highway in the City to see
to the enforcement of the provisions of this article. Notice shall
be given to him at least 10 hours before the work of refilling any
tunnel or excavation commences.
B. Upon completion of the work involved in such street opening, a request
for inspection shall be made to the Superintendent of the Department
of Public Works. If the inspection discloses that the street has been
properly restored, he shall issue a certificate of proper restoration
and cause the same to be filed with the City Clerk.
C. The person receiving the permit shall be responsible for the proper
maintenance of that portion of the street over which the permit has
been issued, including continued backfilling to compensate for settlement,
for a period of one year from the date of the certification of the
proper restoration of the street by the Superintendent of the Department
of Public Works. The permittee shall assume all liability for damages
resulting therefrom or in any way connected therewith.
Notwithstanding the provisions of this article,
any person may open up any City road, street or highway to repair
any utility, provided that it is an emergency and any delay in obtaining
the required permit would result in endangering the health and general
welfare of the inhabitants of the City; provided, however, that a
permit as required herein is obtained within 72 hours after the emergency
is discovered.
[Amended 4-25-2006 by Ord. No. 2457]
Each and every person violating any of the provisions
of this article shall, upon conviction, be punished by one or more
of the following: a fine not exceeding $2,000; imprisonment for a
term not exceeding 90 days; and/or a period of community service not
exceeding 90 days.