It is unlawful for any person, firm or corporation to excavate, cut, dig up, damage in any manner, undermine, tunnel or any like activity under any public street or alley, hereafter referred to as "excavation", without first making an application to the Public Works Director, depositing security, and obtaining a permit therefore, as provided in this chapter.
(Ord. 213, Add, 10/20/1999)
Except as may be permitted pursuant to Section 7.06.013, below, there shall be no excavation in newly paved or resurfaced streets by anyone, including the departments of the City of Yachats, for a period of five years from the date of such paving.
(Ord. 213, Add, 10/20/1999)
At least 90 days before any streets are paved or resurfaced, the Public Works Director shall give notice of such plans to any utility company or department of the City that has requested to be so notified. In addition, such notice shall be given by mail to the owners of all property abutting on such streets and such notice shall be sent to their last known addresses.
(Ord. 213, Add, 10/20/1999)
The City Council may permit excavation within the five year period if, in its judgment, the reason for the excavation was not reasonably foreseeable to the utility or department of the City involved at the time the street was newly paved or resurfaced. Where an emergency involving the public health or safety requires immediate excavation, the Public Works Director may permit such excavation, and fully report to the Council at its next meeting.
(Ord. 213, Add, 10/20/1999)
The application for a permit for excavation of paved streets shall be accompanied by a permit fee as set by Resolution, which is non-refundable.
(Ord. 213, Add, 10/20/1999; Ord. 272, Amended, 06/19/2007)
A. 
Subject to subsection B of this section, before the issuance of any permit, the Public Works Director shall require the applicant to file certain security with the City; security to be either:
1. 
A surety bond in a reasonable amount as determined by the Public Works Director, conditioned that the applicant will remove, immediately upon the completion of work, all surplus earth, rubbish, or other material, replace the pavement cut or undermined in a condition as good as or better than it was before, and keep the same in good repair, at the applicants own expense, for a period of time to be designated by the Public Works Director, but not to exceed two years from the completion of said work;
2. 
Cash or certified check in an amount equal to twice the estimated replacement value of the pavement to be cut, together with the cost of re-excavating and rebuilding with proper material, if necessary, as determined by the Public Works Director, to be held and returned subject to the same conditions as set forth above in the case of surety bonds; or
3. 
A blanket surety bond to cover all street cuts made by any particular applicant for a period of one year in a reasonable amount as determined by the Public Works Director and subject to the same conditions as stated above with the reference to bonds for particular street cuts.
B. 
The Public Works Director may waive partially or totally the requirements of this section if, in the opinion of the Public Works Director, such security is not necessary for the protection of the public interest.
(Ord. 213, Add, 10/20/1999)
If the Public Works Director is satisfied that the excavation is feasible and proper, that the application has been made in due form, and that adequate security has been filed as required by the provisions of this chapter, a permit shall be issued. The application shall be on a form provided by the City, and adopted by City Council, by resolution.
(Ord. 213, Add, 10/20/1999)
All work under said permits shall be done in conformity with the provisions of this chapter, the terms of the application and permit, and under the supervision and subject to the approval of the Public Works Director. Upon completion of the excavation, all surplus earth, rubbish or other material shall be removed immediately and the street or surface pavement shall be replaced in as good or better condition that it was before.
(Ord. 213, Add, 10/20/1999)
No work shall be undertaken other than that specified in the application and permit for the particular excavation. Upon demand of the Public Works Director or designee, said permit shall be produced at the place where work is in progress or such work shall be stopped until said permit is produced.
(Ord. 213, Add, 10/20/1999)
Within 48 hours of the completion of said cuts or excavations, the person to whom the permit to do such work has been issued shall report to the Public Works Director, stating that such work has been completed and give such other information as may be required by the Public Works Director.
(Ord. 213, Add, 10/20/1999)
Whenever any person or corporation shall, under authority of this chapter or otherwise, place any obstruction in any street or alley or make any excavation therein for any purpose whatsoever, it shall be the duty of such person or corporation to keep such obstruction or excavation properly safeguarded by substantial barricades and to display lighted red lanterns or other lights or flares from dusk until daylight in conformity with such regulations as may be specified by the Public Works Director. Whenever, in the opinion of the Public Works Director, the public safety is so seriously endangered by said cuts or excavations as to require constant supervision from dusk to daylight to insure that all barricades are in proper condition, that all warning lights are burning, and that traffic is properly routed around such barricades, the person to whom the permit for the work has been granted shall be responsible for furnishing a night watchman for that purpose.
(Ord. 213, Add, 10/20/1999)
Every person or corporation having occasion to place any obstruction in any street or alley or to make any excavation therein under the provisions of this chapter, is responsible to any other person for any injury by reason of the presence of such obstruction or excavation in the public highway and shall hold the City harmless and indemnify the City in the event that the City is held responsible for any claims arising out of the presence of any such obstruction or excavation in said public highways.
(Ord. 213, Add, 10/20/1999)
All persons to whom such permits are granted shall be personally responsible for the maintenance and repair of the street surface or pavement cut, dug up, damaged, tunneled under or undermined under provisions of said permits, and shall restore such property to as good as, or better, condition than before such work was undertaken, at their own expense and for such a period of time as may be required by the Public Works Director, but not to exceed two years.
(Ord. 213, Add, 10/20/1999)
Whenever, in the opinion of the Public Works Director, it would be to the best interest of the City, or in the event any person fails to perform such work in a timely or sufficient manner, the City may replace the street surface or pavement cut, dug up, damaged, tunneled under, or undermined pursuant to the provisions of this chapter and the cost of such work shall be either charged to the person to whom the permit for the cut or excavation has been granted or deducted from the security deposited with the City.
(Ord. 213, Add, 10/20/1999)
Any violation of the terms or provisions of this chapter shall constitute a Class A civil infraction and any person convicted pursuant to Chapter 1.12 of this code shall be subject to a one thousand dollar ($1,000.00) forfeiture for each violation.
(Ord. 213, Add, 10/20/1999)