The town shall provide each permittee, at the time a permit
is issued under this chapter, a suitable placard plainly written or
printed in English letters, at least one inch (1") high, with the
following notice: “Town of Taos, Permit No. _____ Expires _____”.
It shall be the duty of any permittee under this chapter to keep the
placard posted in a conspicuous place at the site of the excavation
work. It is unlawful for any person to exhibit such placard at or
about any excavation not covered by such permit, or to misrepresent
the number of the permit or the date of expiration of the permit.
(1981 Code, sec. 18-68; Ordinance 97-51, sec. 1, adopted 1997)
It is unlawful for a permittee under this chapter to suffer
or permit to remain unguarded at the place of excavation or opening
any machinery, equipment or other device having the characteristics
of an attractive nuisance likely to attract children and hazardous
to their safety or health.
(1981 Code, sec. 18-69; Ordinance 97-51, sec. 1, adopted 1997)
Whenever it is necessary to break through existing pavement
for excavation purposes the pavement in the base shall be removed
to at least six inches (6") beyond the outer limits of the subgrade
that is to be disturbed, in order to prevent settlement, and a six
inch (6") shoulder of undisturbed material shall be provided on each
side of the excavated trench. The face of the remaining pavement shall
be approximately vertical. A power-driven concrete saw shall be used
so as to permit complete breakage of concrete pavement or base without
ragged edges. Asphalt paving shall be scored, or otherwise cut, in
a straight line. No pile driver may be used in breaking up the pavement.
(1981 Code, sec. 18-70; Ordinance 97-51, sec. 1, adopted 1997)
All damage done to existing improvements, during the progress
of the excavation work, shall be repaired by the permittee. Materials
for such repair shall conform with the requirements of any applicable
code or ordinance. If upon being ordered, the permittee fails to furnish
the necessary labor and materials for such repairs, the town shall
have the authority to cause said necessary labor and materials to
be furnished by the town. The cost of such labor and materials shall
be charged against the permittee, and the permittee shall also be
liable therefor on his surety bond posted under this chapter.
(1981 Code, sec. 18-71; Ordinance 97-51, sec. 1, adopted 1997)
As the excavation work progresses, all streets and private properties
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work. All cleanup operations at the
location of such excavation shall be accomplished at the expense of
the permittee and shall be completed to the satisfaction of the town.
From time to time, as may be ordered by the town and, in any event,
immediately after the completion of said work the permittee shall,
at his own expense, clean up and remove all refuse and unused materials
of any kind resulting from said work. Upon failure to do so within
twenty-four (24) hours after having been notified to do so by the
town, said work may be done by the town and the cost thereof charged
to the permittee, and the permittee shall also be liable for the cost
thereof under the surety bond provided under this chapter.
(1981 Code, sec. 18-72; Ordinance 97-51, sec. 1, adopted 1997)
The permittee shall provide for the flow of all watercourses,
sewers or drains intercepted during the excavation work and shall
replace the same in as good condition as he found them or shall make
such provisions for them as the town may direct. The permittee shall
not obstruct the gutter of any street, but shall use all proper measures
to provide for the free passage of surface water. The permittee shall
make provision to take care of all surplus water, muck, silt, slickings
or other runoff pumped from excavations or resulting from sluicing
or other operations, and shall be responsible for any damage resulting
from his failure to so provide.
(1981 Code, sec. 18-73; Ordinance 97-51, sec. 1, adopted 1997)
The permittee shall prosecute with diligence and expedition
all excavation work covered by the excavation permit issued under
this chapter. He shall promptly complete such work and restore the
street to its original condition, or as near as may be, as soon as
practicable, and, in any event, not later than the date specified
in the excavation permit therefor.
(1981 Code, sec. 18-74; Ordinance 97-51, sec. 1, adopted 1997)
If, in the judgment of the town, traffic conditions, the safety
or convenience of the traveling public, or the public interest requires
that the excavation work be performed as emergency work, the town
shall have full power to order, at the time the permit is granted,
that a crew of men and adequate facilities be employed by the permittee
twenty-four (24) hours a day to the end that such excavation work
may be completed as soon as possible.
(1981 Code, sec. 18-75; Ordinance 97-51, sec. 1, adopted 1997)
