[Ord. No. 593, 10-7-1958; Ord. No. 1807, 9-15-1981; Ord. No. 2316, Amended, 3-5-2002; Ord. No. 2579, Amended, 3-20-2012; Ord. No. 2649, Amended, 7-29-2014; Ord. No. 2890, Amended, 3-17-2022; Amended, 11-19-2024 by Ord. No. 2948]
It shall be unlawful for any person, without first obtaining a permit therefor, to:
1. 
Dig up, break into, excavate, disturb, dig under, or undermine any street for the purpose of laying or working upon any water pipe, water main, sewer, branch sewer, stormwater component, or any pipe of any kind;
2. 
Make connection with, obstruct, or interfere with any public sewer or stormwater pipe or structure;
3. 
Cut or break into any brick, clay, terra cotta, concrete, or plastic pipe or other sewer;
4. 
Connect with any wastewater or stormwater system, except at the branches duly provided in such system for connection therewith;
5. 
Excavate or dig up a street for the purpose of laying down, installing or constructing underground conduits for electric wires or steam, or for making any connection therewith;
6. 
Connect the blowoff or exhaust pipe of any boiler or steam engine with any sewer or branch thereof;
7. 
Do any other excavation work in a roadway.
In case of leakage or breakage in any pipe, main, stormwater component, wastewater component, or conduit, requiring immediate action, any person otherwise authorized to do so may commence the repairs on such pipe, mainline, or conduit without first obtaining the permit; but shall, as soon as practicable, file the application and deposit hereinafter provided and obtain the necessary permit.
[Ord. No. 593, 10-7-1958; Ord. No. 2890, Amended, 3-17-2022; Amended, 11-19-2024 by Ord. No. 2948]
Any person who desires a permit required to do any of the acts numerated in LOC § 42.12.610 hereof shall apply therefor in writing to the City Engineer, and shall state in the application the name of the street in which work is to be done, the purpose of such work, the location of the pipe, main, sewer, stormwater component, or conduit to be laid, examined, repaired or worked upon as well as the location of the house or lot, if any, to be connected with such water, gas, stormwater, or sewer pipe or conduit, and the number of days required for taking up and replacing the pavement or street surface. If such application is for a permit to connect with any public sewer, stormwater pipe or conduit, it shall specify the location and the area to be drained, together with such other information as the City Engineer may require. Each applicant for a permit under this section shall pay the minimum charge provided for in LOC § 42.12.630.
[Ord. No. 593, 10-7-1958; Ord. No. 2328, Amended, 8-6-2002]
The minimum charge for any permits required by this article shall be established by resolution of the City Council from time to time.
[Ord. No. 593, 10-7-1958; Ord. No. 980, 1-21-1964; Ord. No. 2890, Amended, 3-17-2022]
The applicant for a permit shall deposit with the application a cash bond in the amount of not less than $50.00 and which shall be computed at the rate of $1.00 for each foot of street to be dug up or disturbed, which cash bond shall be conditioned that the applicant will immediately remove all surface sand, earth, rubbish and other material, and will immediately replace, in a condition satisfactory to the City Engineer, the portion of street so disturbed, dug up or undermined.
Whenever an applicant for permit contemplates a number of street openings, such applicant in lieu of the deposit above required may deposit the sum of five hundred dollars ($500.00) in cash which shall be applicable as a blanket bond for such permits as may be applied for from time to time; however, that if the computation of such excavation at the rate of one dollar ($1.00) for each foot thereof shall exceed such bond of five hundred dollars ($500.00) on all jobs then in progress by such applicant, then such applicant shall be required to make such additional deposit to the aggregate of such jobs.
[Ord. No. 593, 10-7-1958]
All work executed under the permit shall be under the supervision of the city engineer, and each recipient of a permit shall conform with the following requirements:
1. 
To begin the work permitted within twenty-four hours after the receipt of such permit, to pursue the work diligently and continuously until the same is completed, to refill the trench or hole, and to replace the pavement as herein provided;
2. 
To make a written report on blanks furnished by the city engineer, of the manner in which the work was executed, stating the particular locality of the pipe, main, or sewer upon which work was performed, the kind of pipe laid, and such other information as may be required by the report blank, and to file such written report in the office of the city engineer within forty-eight (48) hours after such work has been completed;
3. 
To keep the stone, macadam, gravel, or other pavement material excavated, separate from the excavated earth.
4. 
Whenever a trench or hole has been dug or opened in any street for the purpose of getting at or laying any sewer, gas, water, or other pipe or main, to refill the same within forty-eight (48) hours after laying or getting at such sewer, gas, water, or other pipe or main, in the following manner:
If the street has not been improved with plank, macadam, stone block, or other permanent pavement, the earth excavated from such hole or trench shall be refilled and thoroughly rammed or tamped in layers of not more than six inches until the grade of the roadway previously existing at such trench or hole is reached. If the street has been improved with any such pavement, the earth excavated shall be refilled and rammed or tamped in the same manner to the elevation of the bottom of such permanent pavement, which shall be relaid compactly and made to conform to the grade and quality of the surrounding street pavement.
5. 
To erect a barricade around the work and to maintain a red light or lights or other warning device at or around the same during the hours between sunset and sunrise so that pedestrians and operators of vehicles may be duly warned of, and protected from said obstruction. This provision shall not apply to road rollers owned by the city when such rollers are left standing within fifty feet of an electric arc light or on a block that is barricaded.
6. 
To comply with such other directions as may be given by the city engineer.
[Ord. No. 593, 10-7-1958]
Upon receipt of the application and a cash bond as hereinbefore required, the city engineer shall, unless there shall be reasons of public interest to the contrary, issue to such applicant the permit requested, upon such restrictions and conditions as the city engineer may deem necessary for the public benefit.
[Ord. No. 593, 10-7-1958; Ord. No. 2890, Amended, 3-17-2022]
If the City Engineer shall find that the work provided for under such permit shall have not been performed in accordance therewith, the City Engineer shall in writing demand immediate compliance by the permittee with the requirements, and if the same be not performed within 48 hours from the date of such written demand, the City Engineer shall forthwith cause the conditions to be corrected by City forces or by contract, as in the City Engineer’s discretion may be deemed desirable, and shall cause the cost thereof to be charged to the permittee, reimbursing the City funds first from the cash bond deposited by the permittee, and charging any deficiency thereon to such permittee. It shall be a condition of such permit that the permittee agrees to pay all costs and expenses incurred by the City pursuant hereto.