[R.O. 1988 § 36-67; Ord. No. 4469 § 1, 2-4-2019]
It is the duty of any person carrying on any building operations, obstruction work, or excavations to keep the ROW and sidewalks where the operations are conducted in a clean and orderly condition during such operation. At the expiration of the time stipulated in the excavation permit, or whenever ordered by the Director of Public Works, the person to whom the excavation permit may be issued shall remove all materials and rubbish from the ROW and sidewalks operations and shall leave the same in a clean and orderly condition.
[R.O. 1988 § 36-68; Ord. No. 4469 § 1, 2-4-2019]
The Public Works Director is authorized to clean the ROW or where the operations are being carried on, whenever the same may be found in an unclean or disorderly condition and they shall remove or repile any building materials or rubbish or obstructions which may be found outside the spaces authorized by the excavation permit to be occupied, or within ten (10) feet of any fire plug. They shall cause a voucher for the payment of the costs of such cleaning or removal to be issued which shall be charged against the property as outlined in Section 36-8 or the ROW user's performance bond.
[R.O. 1988 § 36-69; Ord. No. 4469 § 1, 2-4-2019]
(a) 
Restoration. The ROW user shall restore the rights-of-way and surrounding areas and shall comply with other reasonable conditions of the Public Works Director. In the event that the rights-of-way is not restored to its original condition (including placement of sod to restore any grassy areas unless such requirement is waived by the Director in their sole discretion based on area disturbed and weather conditions), as determined by the inspection of the Public Works Director, within a period of thirty (30) days from and after the date when such excavation shall have begun, then such ROW shall be restored to its original condition by the City and the costs and expenses to which the City may be put, on account of such or any violations of the conditions or regulations under which the same is done, shall be paid from the performance bond made with the City, including an inspection fee of fifty dollars ($50.00).
(b) 
Violation. If any person fails to contact the Director for an inspection within a reasonable time, as determined by the excavation permit issued for the excavation, after completion of the work, to ensure that the rights-of-way or other public place has been restored to as good a condition as it was previous to such excavation being made, the excavation shall not be deemed complete and the ROW user shall be in violation of this Chapter.
[R.O. 1988 § 36-70; Ord. No. 4469 § 1, 2-4-2019]
(a) 
Specifications Generally. Every person who shall make any excavation in or adjoining any ROW or public place, shall conform to the requirements of the ROW permit and to conduct such work in accordance with standard plans and specifications on file in the office of the Director of Public Works. During any work, the person doing the work shall protect from damage any and all existing structures and property belonging to the City and any other person. Any and all rights-of-way, public property, or private property disturbed or damaged during the work shall be repaired or replaced by the person doing the work or the person on whose behalf the work is being done and such person shall immediately notify the owner of the fact of any damaged property. Such repair or replacement shall be completed within a reasonable time specified by the Director of Public Works and to their satisfaction.
(b) 
Excavation Specifications. The person making an excavation shall abide by the following conditions:
(1) 
The initial cut in a street pavement shall be equal to the width of the trench with the option of being jack hammered or saw cut. The final cut in an asphaltic concrete street pavement shall be one (1) foot wider than the trench width and shall be made only by saw cutting of the pavement.
(2) 
For cuts in concrete paved streets, concrete pavement replacement shall be full slab length (joint-to-joint) and full slab width (curb or gutter to street centerline) unless specifically authorized otherwise by the Director of Public Works.
(3) 
Select backfill materials shall be required. "Select backfill materials" shall mean those materials as established by the ROW permit requirements and in accordance with the standard plans and specifications on file in the office of the Director of Public Works. All trenches shall be filled in their entirety with such select backfill materials. All excess earth or dirt removed in the process of such excavation shall be removed from right-of-way by such person or their agent holding permit for such excavation.
(4) 
Compaction shall meet or exceed the most current version of the standards and conditions of the City and the ASTM International (American Society for Testing and Materials). If inspections were not requested or a valid excavation permit obtained, the City may require compaction testing by a registered professional engineer licensed in the State of Missouri at the ROW user's expense.
(c) 
Erosion Control. Before new excavation or construction is commenced and until sodding, planting, concreting, paving, or other final surfacing is in place, which will avoid washing or spreading of dirt and mud onto other property, sidewalks, curbs, gutters, streets, and the rights-of-way, the ROW user shall erect and maintain approved temporary erosion control measures to prevent such washing or spreading of materials. At the end of each day and as required throughout the day during the course of excavating or construction, dirt and mud on the sidewalks, curbs, gutters, streets, and the rights-of-way resulting from work must be removed.
(d) 
Alteration Of Public Structures. Any alteration to the existing water mains, sewerage or drainage system, or to any City, State, or other public structures or facilities in the rights-of-way required on account of the construction, installation, repair, or maintenance of facilities in the rights-of-way shall be made at the sole cost and expense of the owner of such facilities.
(e) 
Barricades. The ROW user assumes the sole responsibility for maintaining proper barricades, plates, safety fencing, and/or lights as required from the time of opening of the ROW until the excavation is surfaced and opened for travel. All excavations and obstruction work that disturb traffic or pedestrian travel shall be barricaded in such a manner as to protect both pedestrians and vehicular traffic. Such excavations, obstruction work, and barricades shall be lighted at night with danger signals in such a manner that all traffic may be warned of the existence and location of such.
(f) 
Traffic Control. Whenever there is an excavation or obstruction work by the ROW user, the ROW user shall be responsible for providing adequate traffic control to the surrounding area as determined by the Director. All traffic control devices shall be in compliance with the current version of the standard specifications and the Manual of Traffic Control Devices (MUTCD), unless otherwise agreed to by the City. All surplus excavation materials, tools, or supplies at the site of the excavation or obstruction work shall be barricaded and lighted at night in the manner described in this Section. In the event the excavation or obstruction work is not completed in a reasonable period of time, the ROW user may be liable for actual damages to the City for delay caused by the ROW user pursuant to Articles III through V.
[R.O. 1988 § 36-71; Ord. No. 4469 § 1, 2-4-2019]
The Public Works Director is authorized to close any ROW, public place, or highway and withdraw the same from public use temporarily and during such period as work on such ROW, public place, or highway shall make such action necessary. No person shall use or attempt to use such ROW, public place, or highway withdrawn from public use, or drive or attempt to drive any vehicle on such ROW, highway, or public place.
[R.O. 1988 § 36-72; Ord. No. 4469 § 1, 2-4-2019]
In excavating in any ROW, all material for paving or macadamizing must be removed with the least possible injury or loss of the same, and together with the excavated materials from the trenches must be placed where they will cause the least possible inconvenience to the public. The width of the excavation shall be no greater than is necessary for doing the work and whenever it shall be deemed necessary by the Public Works Director, sheeting and bracing shall be used to keep the sides of the trenches perpendicular and prevent unnecessary caving. The ROW must be opened in the manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutters, and every precaution must be taken to protect the trench so as to ensure the public safety.
[R.O. 1988 § 36-74; Ord. No. 4469 § 1, 2-4-2019]
In all cases where excavations are made entirely across the ROW or public highway, a substantial driveway shall be maintained by the party making the excavation across such ROW or highway, until such excavation is refilled, and at all times be subject to the approval of the Public Works Director.
[R.O. 1988 § 36-75; Ord. No. 4469 § 1, 2-4-2019]
No person shall make an excavation in any ROW, highway, or thoroughfare without protecting such excavation so as to prevent persons, animals, or vehicles from falling into such excavation.
[R.O. 1988 § 36-76; Ord. No. 4469 § 1, 2-4-2019]
It shall be unlawful for any person to perform excavation work within the City at any time other than from 7:00 A.M. to 9:00 P.M. Monday through Friday without prior approval from the City, except in the case of an emergency. No work shall be performed during City holidays, except in the case of an emergency.
[R.O. 1988 § 36-77; Ord. No. 4469 § 1, 2-4-2019]
Every ROW user in restoring the rights-of-way, shall guarantee its work and shall maintain it for forty-eight (48) months following its completion and in accordance with Section 67.1834, RSMo. During the forty-eight (48) months, the ROW user shall, upon notification from the Director of Public Works, correct all restoration work to the extent necessary, using any method as required by the Director of Public Works. Said work shall be completed within a reasonable time, not to exceed thirty (30) calendar days, of the receipt of notice from the Director (not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable). In the event the ROW user is required to perform new restoration pursuant to the foregoing guarantee, the Director of Public Works shall have the authority to extend the guarantee period for such new restoration for up to an additional forty-eight (48) months, or other greater period allowed by law, from the date of the new restoration requirements. The guarantee period shall be applicable to failure of the pavement surface as well as failure below the pavement surface.
[R.O. 1988 § 36-78; Ord. No. 4469 § 1, 2-4-2019]
(a) 
Inspections. All work and facilities shall be subject to inspection by the City and the supervision of all Federal, State, and local authorities having jurisdiction in such matters to ensure compliance with all applicable laws, ordinances, departmental rules, and regulations, and the ROW permit.
(b) 
Stop-Work Orders. The Director of Public Works shall have full access to all portions of the work and may issue stop-work orders and corrective orders to prevent unauthorized work or substandard work as established herein. Except in cases of an emergency or with approval of the Director of Public Works, no work may be done in violation of a stop-work order issued by the Director of Public Works.
(c) 
Repairs When Defective. All violations of the standards and requirements herein shall be corrected within the time specified in the issuance of a written notice to correct. Action to correct violations which require immediate action shall be taken upon notification to the person by the City. Every person failing to comply with the oral or written notice shall be deemed in violation of this Chapter. If the action is not taken within the time period specified by notice and in addition to any other remedy, the Director of Public Works may have the violation, including but not limited to, the existence of mud or debris on the rights-of-way, immediately remedied and the City's costs shall be reimbursed by the ROW user through the surety or otherwise. Nothing in this Subsection shall prevent prosecution of violation of this Chapter in the absence or in addition to the issuance of notice of violation.
(d) 
Appeals. Unless otherwise provided herein or by any other governing ordinance or law, any person aggrieved by a decision, fee, or requirement established or made pursuant to Articles III through VI shall, prior to seeking any judicial or statutory relief, if any, file a written appeal of any such decision, fee, or requirement with the City Council within fifteen (15) days of such decision or imposition of such fee or requirement specifying this provision and including specific details of the alleged claim or grievance, and an evidentiary hearing shall be held on such appeal by the City Council or its designee to render a final decision. Nothing herein shall deny or preclude any additional applicable appeal remedy that may be granted and required by Federal or State law after such decision.
(e) 
Enforcement; Attorneys' Fees. The City shall be entitled to enforce any provision of this code through all remedies lawfully available, and any person determined to have violated the terms of Articles III through VI shall further be liable to pay the City's costs and attorneys' fees in enforcing such provisions. Additionally, any user of City services, rights-of-way, or other City facilities or property, shall, as a condition of such use or continued use, to the full extent permissible by law, be liable to pay the City's costs and attorneys' fees incurred in enforcing any lawful requirement applicable to such use, whether arising in contract, statute, ordinance, or other enforceable duty as to such use.
(f) 
Penalties. In addition to any other penalties and remedies for violations that may exist in law or equity, any person that violates any provision of Articles III through VI shall be subject to such penalties as set forth in Section 1-7 of the City Code per day for each and every day the violation exists or continues.
[R.O. 1988 § 36-79; Ord. No. 4469 § 1, 2-4-2019]
In addition to any rights specifically reserved to the City by this Chapter, the City reserves unto itself every right and power which is required to be reserved by a provision of any ordinance under any registration, ROW permit, or other authorization granted under this Chapter, and as may be authorized by Chapter 67, RSMo., and other authority applicable to regulation of the use of the rights-of-way. Notwithstanding anything to the contrary set forth herein, the provisions of this Chapter shall not infringe upon the rights of any person pursuant to any applicable State or Federal statutes, including, but not limited to, any right that may exist to occupy the rights-of-way.