Any person making or causing to make any excavation or opening in any street, alley, sidewalk or other public place or within five feet of the line of any street, alley, sidewalk, or other public place shall, between sunset and sunrise or every night that such excavation or opening remains open or danger exists therefrom, keep such excavation or opening fenced and barricaded and properly lighted so as to warn all persons of such excavation or opening and all obstructions. No unauthorized person shall remove or interfere in any way with any such lantern or other danger signal of any such barriers.
[Adopted as Ch. 50, Sec. 50-76 to Sec. 50-99, of the 1992 Code of Ordinances]
Every person owning, constructing, maintaining or proposing to own, construct, or maintain any mains, service pipes, conduits, conductors, poles, or other appliances pertinent thereto, shall file with the City Clerk a plan or map drawn to scale of not smaller than 200 feet to one inch, showing thereon by standard symbols the location of all mains, service pipes, conduits, conductors, poles, or other appliances. Such map shall remain a part of the permanent files of the City. In no case shall a person open or remove an area of surface greater than that specified in the original or supplementary application for a permit as set out in §§ 350-24 through 350-27 of this article, and in no case shall a person open or remove an area of surface at a location other than that specified in the original or supplementary application for the permit required by this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The depth at which any utility shall lay its pipes, mains, conduits, or other equipment or services, and the route or locations of such pipes, mains, conduits, or other equipment or services, shall comply with applicable codes and standards and as determined by the City.
The City Commission may designate such persons as it shall deem advisable to replace such utilities, structures, or improvements, including shrubs, trees, and grass plots, damaged or interfered with by reason of construction work being engaged in under the provision of this article, all of which shall be at the expense of the applicant.
All openings and excavations shall be refilled and temporarily resurfaced on or before the time fixed in the permit, and written notice shall be given to the City when the work is completed. Such temporary resurfacing shall be maintained by the person to whom a permit is issued until the City or person designated by the City shall permanently resurface such opening. All refilling shall be done according to the specifications set forth by the City in each particular case.
The City shall have the right to inspect all work done or privilege exercise under any permit issued pursuant to the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall remove pavement, disturb the surface of any street or alley, make any excavations within the limits of any street, alley or public right-of-way within the City for any purpose until a permit shall have been obtained from the City Clerk.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No permit shall be issued allowing removal of pavement, disturbance of the surface of any street or alley, including excavations in any street, alley, sidewalk, public right-of-way or other public place, unless and until an application for such permit shall be made in writing with the City Clerk setting forth the name and address of the applicant, the purpose of the proposed excavation, the size and location of the excavation, the starting time and the completion time for such excavation. It is provided, however, that in the case of any emergency (as defined under MCL 460.723), excavations and openings may be made in any street, alley, sidewalk or other public place without obtaining a permit, on the condition that application for such permit for any emergency excavation shall be made before 12:00 noon of the next business day.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The person to whom a right-of-way permit shall be granted shall do no injury in any street, alley, sidewalk, or other public place or to any shade tree, shrub, lawn, concrete paving or sidewalk or other like improvements, nor shall such person in any way disturb or interfere with any sewer, water main, pipe or conduit, or any other public or private appliance laid or constructed by any authorized person. Any person to whom such permit is granted shall fully indemnify and save harmless the City from any and all claims and damages for which the City might be made or become liable to pay by reason of the construction, maintaining, repairing, or operating of such poles, conduits, wires, mains, pipes, or any apparatus connected therewith or otherwise arising from the use or possession of any of the rights and privileges granted or from any neglect on the part of such persons to comply with the provisions of this article or of any of the ordinances of the City, and especially shall indemnify the City and assume all liability and damages which may arise, come or occur to the City from any injury to persons or property from the doing of any work covered by this article, or the neglect of any person to comply with the provisions of this article or other ordinances relative to the use of streets or other public places, especially as to the putting up of lights or barriers at or around excavations. The acceptance by any person of any permit under the provisions of this article shall be an agreement by the person to pay to the City any sum of money for which the City may become liable from or by reason of such injury. Provided, such person shall be given written notice of any and all formal claims, suits and demands filed with the City within 30 days after the receipt of such claim, suit or demand and shall be given an opportunity to defend any such claim, suit or demand.
The permittee shall file and keep in force with the City Clerk a bond in an amount determined by resolution of the City Commission from time to time to be in a form approved by the City Attorney and conditioned upon the indemnification of the City for all losses or damages sustained by any person arising or growing out of the construction, operation or maintenance of the pipes, mains, or conduits or other equipment or services of the permittee in the use of the public streets, alley, sidewalks or other public places of the City, when, and if the City shall become legally obligated and required to pay the same to any such person. Such bond shall be furnished conditioned that the permittee shall indemnify and save harmless the City from all losses and damages caused by or arising or growing out of the work of such permittee in laying pipes, mains, or conduits, and all accessories thereto and the operation and maintenance thereof; and that such permittee shall properly replace and restore all materials removed in any street in making any openings therein in as good a state and condition as it was before being disturbed. An adequate public liability insurance policy, upon the approval of the City Commission of such insurance policy, may be filed in lieu of the bond referred to in this section.