As used in this article, pavement means any highway covered,
as to the section thereof to be opened, by Portland cement concrete,
mixture of rock and bituminous material, sand and oil surface, rock
and oil surface or waterbound macadam.
(Prior code § 22-9)
No person shall dig, cut into or make any excavation or opening
in any public street, avenue, alley or other public place in the city,
without first obtaining from the public works director a permit to
do so and making the deposits with the city as provided in this article.
(Prior code § 22-10)
The public works director shall not issue any permit for an
excavation in a public street, avenue, alley or other public place
until the person filing application for such permit shall have paid
a permit issuance and inspection fee as established by city council
resolution.
(Prior code § 22-10.1; Ord. 71-O-126 § 2, 1971; Ord.
O-2007-07 § 17, 2007)
Any person desiring to make any excavation in the streets, alleys,
avenues or other public places of the city shall file a written application
with the public works director for a permit to do such work, and with
such application shall file and furnish to the public works director
a map or drawing showing the exact location of the excavations proposed
to be made with reference to the street lines and corners of the property
abutting the streets in which such excavation is to be made, together
with the depth, length and width of such excavation; and, such application
shall show the use to which the portion of the street is proposed
to be put and the location as to the depth of any pipelines, conduits
or other appliances to be placed therein.
(Prior code § 22-11)
The public works director shall not issue any permit for an
excavation in a public street, avenue, alley or other public place
until the person filing written application for such permit shall
have deposited with the city clerk the amount of deposit shown in
the fee schedule adopted by city council resolution; provided, that
the public works director may, at his discretion, exempt franchised
public utilities from the requirements of this section. Such exemptions
shall be based upon proper performance.
(Prior code § 22-12; Ord. 71-O-126 § 3, 1971; Ord.
O-2007-07 § 18, 2007)
Any person applying for a permit for work pursuant to this article
who makes the deposit as required shall not be required to make a
deposit with each permit except in case of opening paved streets,
in which event, the sum specifically required shall, in each instance,
be kept fully covered in such deposit. Franchised public utilities
may elect to be billed monthly for such fees as they accrue. The right
to such election shall be based upon proper performance.
(Prior code § 22-13; Ord. 71-O-126 § 4, 1971)
The public works director shall inspect the work of making any
excavation pursuant to this article and shall require any person making
such excavation to repair the street, alley, avenue or other public
place in the city in as good condition as the same was in before such
excavation was made. The cost for inspection shall be paid to the
city by the permittee in the amount established by city council resolution.
In case the same is so replaced and repaired, the public works director
shall replace and repair the same and shall deduct the cost of replacing
or repairing the same, or any part thereof, from the amount of money
deposited as required in this article.
(Prior code § 22-14; Ord. 71-O-126 § 5, 1971; Ord.
O-2007-07 § 19, 2007)
Any money paid to the city shall be deposited with the treasurer
of the city and shall be held by the city for a period of six months
after the excavation has been made for the purpose of protecting and
guaranteeing the satisfactory making of necessary repairs as provided
in this article; and, thereafter, the balance of such deposit, after
deducting any cost of repairs necessary, and of permits, shall be
repaid to the person so depositing; provided, that permits for new
work shall not have been taken out. The public works director shall
be authorized in the event repairs or replacements are not made as
provided in this article, to make the same and the cost thereof shall
be a direct change upon the deposit so made.
(Prior code § 22-15)
Any person who is granted a permit to excavate in, under or
upon any street, alley, avenue or other public place in the city and
any person who lays any pipe or conduit in or under any public street,
alley, avenue or other public place in the city shall lay the same
not less than three feet from the established grade of the ground
where so constructed. Such measurement shall be made from the top
of the pipe or the conduit so laid. Exception: On any residential
street of 44 feet curb to curb width or less, a minimum depth of cover
of 15 inches shall be maintained from the established street grade.
The owner of such pipe or conduit shall relocate same at its expense
should any future conflicts arise with construction by the city, county
or its agents.
(Prior code § 22-16; Ord. 81-O-117 § 1, 1981)
