This chapter shall be known and may be cited as the street excavation ordinance of the town.
(1981 Code, sec. 18-31; Ordinance 97-51, sec. 1, adopted 1997)
For the purposes of this chapter, the following terms, phrases and words shall have the meanings respectively ascribed to them by this section:
Any person making written application to the town for an excavation permit under this chapter.
The excavation and other work permitted under an excavation permit issued under this chapter and required to be performed under this chapter.
Any person who has been granted and has in full force and effect an excavation permit issued under this chapter.
Any person, firm, partnership, association, corporation, company or organization of any kind.
Any street, highway, sidewalk, alley, avenue or other public way or public grounds in the town.
The Town of Taos, New Mexico.
The governing body and the town council of the Town of Taos, New Mexico.
(1981 Code, sec. 18-32; Ordinance 95-1, sec. 2, adopted 1995; Ordinance 97-51, sec. 1, adopted 1997)
The town shall make such inspections as are reasonably necessary in the enforcement of this chapter.
The town shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter.
(1981 Code, sec. 18-34; Ordinance 97-51, sec. 1, adopted 1997)
The provisions of this chapter shall not be applicable to any excavation work under the direction of authorized town authorities, by employees of the town or by any contractor of the town performing work for and on behalf of the town necessitating openings or excavations in streets.
(1981 Code, sec. 18-35; Ordinance 97-51, sec. 1, adopted 1997)
This chapter shall not be construed as imposing upon the town or any official or employee thereof any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit has been issued under this chapter; nor shall the town or any official or employee thereof be deemed to have assumed any such liability of responsibility by reason of authorized inspections, the issuance of any permit or the approval of any excavation work under this chapter.
(1981 Code, sec. 18-36; Ordinance 97-51, sec. 1, adopted 1997)
Users of subsurface street space shall maintain accurate drawings, plans and profiles showing the location and character of all underground structures, including abandoned installations. Corrected maps shall be filed with the town within sixty (60) days after new installations, changes or replacements are made.
(1981 Code, sec. 18-37; Ordinance 97-51, sec. 1, adopted 1997)
A.
Whenever the town council enacts any ordinance or resolution providing for the paving or repaving of any street, the town shall promptly mail a written notice thereof to each person owning any sewer, main, conduit or other utility in or under said street or any real property, whether improved or unimproved, abutting said street. Such notice shall notify such persons that no excavation permit shall be issued for openings, cuts or excavations in said street for a period of two (2) years after the date of the enactment of such ordinance or resolution, except as provided in this section. Such notice shall also notify such persons that applications for excavation permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than forty-five (45) days from the date of the enactment of such ordinance or resolution. The town shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information, and to state agencies, town departments and such other persons who may desire to perform excavation work in said town street.
B.
Within said forty-five (45) days from the enactment of such paving or repaving ordinance or resolution, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this chapter, as may be necessary to install or repair sewers, mains, conduits or other utility installations. In the event any owner of real property abutting said streets shall fail within said forty-five (45) days to perform such excavation work as may be retired to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in said street shall be barred for a period of two (2) years from the date of enactment of said ordinance or resolution. During said two (2) year period no excavation permit shall be issued to open, cut or excavate in said street, unless, in the judgment of the town, an emergency as described in this chapter exists, which makes it absolutely essential that the excavation permit be issued.
C.
Every town department or official charged with responsibility for any work that may necessitate any opening, cut or excavation in said street is directed to take appropriate measures to perform such excavation work within said forty-five (45) day period so as to avoid the necessity for making any openings, cuts or excavations in the new pavement in said town street during said two (2) year period.
(1981 Code, sec. 18-38; Ordinance 97-51, sec. 1, adopted 1997)