No person, firm or corporation shall make or cause or permit to be made, any excavation in or under the surface of any public street, alley, sidewalk or other public place for the installation, repair or removal of any public conduit, duct or tunnel, or for any other purpose without first obtaining from the city engineer a written permit to make such excavation and make a deposit to cover the cost of inspection and of restoring such public streets, alley, sidewalk or other public place to its original condition, together with the incidental expenses in connection therewith as hereinafter in this chapter provided.
(Ord. 16 § 1; 1953 Code § 7211)
Before issuing such permit the city engineer shall require:
A. 
WRITTEN APPLICATION—CONTENTS. A written application therefor, to be made and filed wherein the applicant shall set forth the name and residence or business address of the person, firm or corporation making such application and shall state in detail the location and area of each excavation intended to be made and shall state the purpose for which the excavation is to be made and used;
B. 
PLAT—EXCEPTIONS. The applicant shall present a plat showing the location and dimension of each proposed excavation or such other details as the city engineer may require; provided that the filing of said plat shall not be required when excavations are made for service connection, for the location of trouble in conduits or pipes, or for making repairs thereto;
C. 
RIGHT TO PROPOSED USE. That the applicant shall show legal authority to occupy and use for the purpose mentioned in said application, the streets, alleys, sidewalks or other public places wherein the excavation is proposed to be made;
D. 
CODE CONFORMANCE. That the applicant shall demonstrate compliance with any other pertinent requirements of this code, or any other regulation or authority of proper jurisdiction, including concept approval for discretionary projects unless otherwise exempted as minor work as defined in Title 22 (Excavation and Grading) of this code.
(Ord. 16 § 1; 1953 Code §§ 7212—7212.3; Ord. 1216 § 1, 1991)
No person, firm or corporation shall make or cause or permit to be made, any excavation or install or maintain or cause or permit to be installed or maintained, any tank, pipe, conduit, duct or tunnel in or under the surface of any public street, alley, sidewalk or other public place at any location other than that described in the application and shown on the plat filed by such person, firm or corporation as required by the provisions of this chapter; and the city engineer may require such survey as he may deem necessary to insure full compliance with this section.
(Ord. 16 § 2; 1953 Code § 7213)
After the application to excavate and the details shown on accompanying plat, when such plat is required, have been approved by the city engineer and before permit shall be issued the applicant shall make cash deposit as follows:
For each lineal foot of curb
$.60
For each square foot of sidewalk or gutter
.40
For each square foot of pavement of any kind
.40
For each square foot of gravel or oiled roadway
.15
For each square foot of roadway which has been graded but has not been paved, graveled or oiled
.03
Provided that no deposit shall be less than five dollars.
(Ord. 16 § 3; 1953 Code § 7214)
Upon receipt of the written application as provided in this chapter, and the cash deposit required by this chapter, the city engineer shall issue a written permit to make such excavation and shall keep an accounting thereof.
(Ord. 16 § 4; 1953 Code § 7215)
Such permit shall specify the person, firm or corporation to whom the same is issued, the street, alley or other public place and the particular portion or portions thereof to be excavated and the extent of such excavations.
(Ord. 16 § 4; 1953 Code § 7216)
All permits shall become and be void unless the excavation to be made pursuant thereto is commenced within sixty days from the date of issuance of such permit and the work diligently prosecuted as in this chapter required.
(Ord. 16 § 4; 1953 Code § 7217)
Such permits shall be canceled and the city shall retain one dollar from the deposit of the person, firm or corporation to whom such permit was issued.
(Ord. 16 § 4; 1953 Code § 7217.1)
It shall be the duty of every person, firm or corporation making any excavation in any public street, alley, or other public place, to maintain safe crossings for vehicle traffic in all street intersections and safe crossings for pedestrians at intervals of not more than three hundred feet.
If any such excavation is made across any public street or alley, at least one safe crossing shall be maintained at all times for vehicles and pedestrians.
(Ord. 16 § 6; 1953 Code §§ 7221 and 7221.1)
Free access must be provided for all fire hydrants and water gates.
(Ord. 16 § 6; 1953 Code § 7222)
All materials excavated shall be placed compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel.
(Ord. 16 § 6; 1953 Code § 7223)
If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall erect tight board fence upon and along such sidewalk and keep a passageway at least four feet in width upon and along such sidewalk.
(Ord. 16 § 6; 1953 Code § 7224)
All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb.
Whenever a gutter crosses an intersecting street, an adequate water way shall be provided and at all times maintained.
(Ord. 16 § 6; 1953 Code §§ 7225, 7225.1)
It shall also be the duty of every person, firm or corporation making any excavation in any street, alley or any other public place, to place and maintain barriers at each end of excavation, and at such places as may be necessary along the excavation, to prevent accidents, and also to place and maintain lights at each end of such excavation and at distances of not more than fifty feet along the line thereof from sunset each day to sunrise of the next day until such excavation is entirely refilled.
(Ord. 16 § 6; 1953 Code § 7226)
After such excavation is commenced, the work of making and refilling the same shall be prosecuted diligently and continuously until completion so as not to obstruct the street or other public place more than is actually necessary.
(Ord. 16 § 6; 1953 Code § 7227)
It is unlawful for any person, firm or corporation to install or to cause or permit to be installed, any service pipe or main pipe conduit, tunnel or other structure except manholes, culverts and catch basins in any public street, alley or other public place at any distance of less than two feet below the established grade of such public street or alley or less than two feet below the surface of such other public place.
(Ord. 16 § 9; 1953 Code § 7231)
All excavations shall be backfilled in the following manner:
A. 
COVERING OVER PIPE: TAMPING. The trench shall be filled to a depth of six inches over the top of the pipe and shall then be thoroughly flooded with water and the material settled by poling or rodding with pipe or tamping bars;
B. 
FLOODING AND FILLING OF TRENCH. The trench shall be kept flooded with water, and the backfill material shall be shoveled into the water and continuously poled or rodded until the trench is filled to the surface of the street;
C. 
FILLING AGAIN AFTER SETTLING—FINAL COMPACTING. After the fill has been allowed to settle, it shall again be filled to the level of the street surface and shall be thoroughly compacted by tamping or rolling;
D. 
SURFACE OF BACKFILL. When the backfill is completed, the surface of the backfill shall conform closely to the level of the adjoining street surface and shall be compacted so that it is hard enough and smooth enough to be safe for traffic to pass over it at any legal rate of speed.
(Ord. 16 § 5; 1953 Code §§ 7241—7245)
The permittee shall maintain the surface of the backfill safe for traffic until the pavement has been repaired, and shall assume responsibility for all accidents which may occur due to vehicles crossing the site of the excavation at a legal rate of speed.
(Ord. 16 § 5; 1953 Code 7246)
If it is impracticable to maintain the surface of the backfill in safe condition for traffic, then the permittee shall maintain barriers and red lights around it until the pavement has been repaired.
(Ord. 16 § 5; 1953 Code 7247)
The city engineer shall cause a statement to be made showing the amount due the city for any work performed by the city pursuant to the provisions of this chapter.
(Ord. 16 § 7; 1953 Code 7251)
The cost of any work done or repairs made by the city as herein provided shall be deducted from any and all deposits then on hand belonging to and that may hereafter be made by any person, firm or corporation under the provisions of this chapter, and the balance of the deposit shall be returned within thirty days after the street surface has been repaired.
(Ord. 16 § 7; 1953 Code § 7252)
The decision of the city engineer as the cost of any work done or repairs made by him under the provisions of this chapter shall be final and conclusive.
(Ord. 16 § 8; 1953 Code 7253)
It is unlawful for any person, firm or corporation to make or cause or permit to be made, any excavation in any unimproved public street, alley or other public place for the purpose of removing earth or gravel therefrom or to make any fill in any such unimproved public street, alley or any other public place without first obtaining a permit in writing from the city. Such permit shall not be issued until the permit prerequisites established in Section 11.20.020 herein have been satisfied.
(Ord. 16 § 10; 1953 Code § 7261; Ord. 1216 § 1, 1991)
The filing and processing requirements of the permit application shall comply with Title 22 (Excavation and Grading) of this code.
(Ord. 16 § 10; 1953 Code § 7262; Ord. 1216 § 1, 1991)
If such application is granted, the city engineer shall issue a written permit which shall specify the place where such excavation or fill may be made, the extent thereof, and the quantity to be moved; provided, however, that if the grade of any unimproved public street, alley or other public place has been established, no permit shall authorize work above or below the established grade, and no material shall be moved in such a manner as to render such street, alley or other public place impassable or dangerous to public travel. In places where the grade has not been officially determined, it shall first be established in a manner consistent with Chapter 11.40 of this title and any other applicable provisions of this code.
(Ord. 16 § 10; 1953 Code § 7263; Ord. 1216 § 1, 1991)
The making of any such excavation or fill shall at all times be to the satisfaction of the city engineer.
(Ord. 16 § 10; 1953 Code 7264)
Before any permit is granted pursuant to the provisions of this chapter, the applicant therefor shall execute and deliver, except as herein after provided, a good and sufficient bond in favor of the city with two or more securities, to be approved by the city council in such amount as said city council shall determine, which bond shall be conditioned that the work to be done shall be performed in a good and workmanlike manner in strict accordance with the provisions of this chapter and to the satisfaction of the city engineer.
Such bond shall be also conditioned that the person, firm or corporation named in the permit will save the city harmless from any and all loss or damage that may be sustained by any person, firm or corporation by the reason of making such excavation or fill.
(Ord. 16 § 10; 1953 Code §§ 7265 and 7266)
Such bond shall inure to the benefit of any person, firm or corporation who shall sustain any loss, damage or injury by reason of the making of such excavation or fill.
(Ord. 16 § 10; 1953 Code 7267)
No such permit to excavate or fill shall be issued, nor shall any street be opened wherein the grade deviates substantially from the preexisting contours, unless there is first filed with the city council (except as hereinafter provided) a waiver of damages signed by all owners of property fronting upon that portion of the street along which it is proposed to excavate, fill, or change the grade.
(Ord. 16 § 10; 1953 Code § 7268; Ord. 1216 § 1, 1991)
A permit to excavate, fill or construct street improvements shall not be issued, nor shall any street be opened, wherein the street centerline gradient is established in such a manner as to sever, restrict or otherwise impede the future extension of such street if the unimproved right-of-way wherein the improvement is to be located extends beyond the improvement limits under consideration and provides access to additional properties that are not a part of the permit application.
(Ord. 16 § 10; 1953 Code § 7269; Ord. 1216 § 1, 1991)
Every permit for any excavation or fill in any public place shall be granted subject to the right of the city or of any other person, firm or corporation entitled thereto, to use that part of such street, alley or public place for any purpose for which it may lawfully be used.
(Ord. 16 § 11; 1953 Code 7271)
Any person who shall make any excavation or dig any hole, drain or ditch in any highway or thoroughfare in the city without providing a sufficient light at night and a temporary fence or suitable obstruction around or in front of such excavation during the day shall be guilty of a misdemeanor.
(Ord. 443 § 3; 1953 Code § 7272)