It is unlawful for any person to 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 pipe, conduit, duct or tunnel, or for any other
purpose, without first obtaining from the street superintendent a
written permit to make such excavation.
(Prior code § 20.15)
Applicants for the permit required by Section 12.04.010 shall make a deposit to cover the cost of inspection and of restoring the public street, alley, sidewalk or other public property to its original condition, together with the incidental expenses in connection therewith, as provided by this chapter.
(Prior code § 20.16)
The street superintendent, before issuing the permit required by Section 12.04.010, shall require a written application to be made and filed with the street superintendent wherein the applicant shall set forth the name and residence and business address of the person making such application and shall state in detail the location and area of such excavation intended to be made and the purpose for which the excavation is to be made and used.
(Prior code § 20.17)
The application required by Section 12.04.030 shall be accompanied by a plat showing the location of each proposed excavation and the dimensions thereof and such other details as the street superintendent may require to be shown upon such plat; provided, that the filing of plats shall not be required when excavations are made for service connections for the location of trouble in conduits or pipes or making repairs thereto.
(Prior code § 20.18)
The applicant for a permit to make an excavation shall show
legal authority to occupy and use, for the purposes mentioned in the
application, the streets, alleys, sidewalks or other public places
wherein excavations are proposed to be made.
(Prior code § 20.19)
It is unlawful for any person to make, or to cause or permit
to be made, any excavation, or to install or maintain or to 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 plats filed by such person as required
by the provisions of this chapter.
(Prior code § 20.20)
When the application to excavate and the details shown upon
the accompanying plat, when such plat is required, comply with the
terms of this chapter, the application and plat shall be approved
by the City Engineer. After such approval, the plat shall be filed
in the office of the City Engineer as a public record.
(Prior code § 20.21)
The application for an excavation permit shall be filed with
the City Engineer together with a special deposit covering the cost
of pavement or sidewalk replacement as estimated by the City Engineer;
provided, that no deposit shall be less than one dollar and fifty
cents per square foot of excavation or fifty dollars, whichever is
greater.
(Prior code § 20.22; 79-23)
Upon receiving a written application as required by Section 12.04.030 and the plat, when such plat is required by Section 12.04.040, each bearing the approval of the City Engineer and the general or special deposit required by Section 12.04.080, the street superintendent shall issue a permit to make such excavation and shall open and keep an account thereof; provided, however, that the street superintendent shall not issue such permit unless the applicant has legal authority to occupy and use for the purposes mentioned in the application the streets, alleys, sidewalks or other public places covered by the application; provided further, that the street superintendent shall not issue any permit to make any excavation for the purpose of installing any tank, pipe, conduit, duct, tunnel or other structure in any public street, alley, sidewalk or other public place at any parallel point in, upon or along any portion of such street, alley, sidewalk or other public place for which a permit to excavate for any and all of such purposes has been issued and is still in force and effect, except permits for house connections or for the necessary repairs to any tank, pipe, conduit, duct, tunnel or other structure and except permits to excavate in, upon and along that portion or side of such street, alley, sidewalk or other public place lying between the centerline thereof and the property line, for which a permit to excavate has been issued and is still in force and effect. If the street superintendent denies an application for a permit, he or she shall provide to the applicant a detailed explanation of the reasons for the denial. The applicant may appeal a denial by following the appeal procedures set forth in Chapter 16.321.
(14-07)
The permit issued under the provisions of Section 12.04,090
shall state whether the work to be done is covered by a general or
a special deposit and, if a special deposit, shall state the amount
thereof and shall be a receipt therefor. It shall also specify the
person to whom the same is issued, the street, alley or other public
place and the particular portion thereof to be excavated and the extent
of such excavations. No permit shall be transferable.
(Prior code § 20.24)
Any person engaged in the making or filling of any excavation
in any public street, alley or other public place shall, at all times
while such work is in progress, keep at the place where such fill
or excavation is located the original permit for such fill or excavation
and must on demand, exhibit the same to the street superintendent,
or to any of his or her inspectors or other employees, or to any police
officer.
(Prior code § 20.40)
Every permit, except for making house connections to sewers
or for making repairs to the same, shall become and be void unless
the excavation to be made pursuant thereto is completed within sixty
days from the date of issuance of such permit. Every permit for making
a house connection to a sewer or for making repairs to the same shall
become void unless all work to be done pursuant thereto shall be done
and the excavation refilled in the manner required by this chapter,
within thirty days after the date of such permit; provided, however,
that the street superintendent may grant an extension of time for
a period not exceeding thirty days for the performance of such work
and the refilling of such excavation whenever the street superintendent
shall deem that good cause exists therefor. If any such extension
of time is granted, such permit shall become and be void unless all
such work is done and such excavation is refilled in the manner required
by this chapter within three days after inspection of the pipe by
the street superintendent, if a pipe has been laid, or within three
days after the date of the permit, if no pipe is laid, and nothing
herein contained shall be deemed or construed to allow a longer period
of time therefor.
(Prior code § 20.25; 79-23)
If any person fails, refuses or neglects to complete the making of any house connection to a sewer or to refill any excavation within the time required by Section 12.04.120, or within the period of any such extension of time if any such extension is granted, then the street superintendent shall complete the refilling of such excavation in the manner required by this chapter and the City shall retain the special deposit made for such excavation, if a special deposit has been made.
(Prior code § 20.26; 79-23)
A.
All
excavations shall be filled in the following manner:
B.
An
alternate method of filling the trench shall be as follows:
1.
The
trench shall be filled to within not less than one foot from the surface
and shall then be thoroughly flooded and the material settled by poling
or by using shovels.
2.
If
so directed by the street superintendent, the filling shall be settled
with water at not more than two intermediate depths, to be determined
by the street superintendent, before it is brought to within one foot
of the surface.
3.
After
the material has been allowed to settle, it shall be filled to the
surface and again flooded and allowed to settle. It shall then be
filled to the surface of the street.
C.
All
excavations shall be promptly refilled in the most workmanlike manner
and surplus material removed without delay. It is unlawful for any
person to fail, refuse or neglect to comply with any of these regulations,
or with any regulations of the street superintendent governing the
refilling of excavations.
(Prior code § 20.27)
The street surface excavated or damaged shall be replaced to the satisfaction of the City Engineer prior to the release of any special deposit as provided in Section 12.04.080.
(Prior code § 20.28)
It shall be the duty of every person making any excavation in
any public street, alley or other public place to maintain safe crossings
for vehicular traffic at 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.
(Prior code § 20.29)
All materials excavated shall be laid compactly along the side
of the trench and kept trimmed up so as to cause as little inconvenience
as possible to public travel. If the street is not wide enough to
hold the excavated materials without using part of the adjacent sidewalk,
the person making the excavation shall erect a tight board fence upon
and along such sidewalk and keep a passageway at least six feet in
width open upon and along such sidewalk.
(Prior code § 20.30)
During the course of making excavations, free access must be
provided to all fire hydrants and watergates.
(Prior code § 20.31)
All gutters shall be maintained free and unobstructed for the
full depth of the adjacent curb and at least one foot in width from
the face of such curb at the gutter line. Wherever a gutter crosses
an intersecting street, an adequate waterway shall be provided and
at all times maintained.
(Prior code § 20.32)
It shall be the duty of every person making any excavation in
any public street, alley or other public place to place and maintain
barriers at each end of such 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. It is unlawful for any person to fail, refuse or neglect
to comply with any requirement contained in this section.
(Prior code § 20.33)
After an excavation is commenced, the work of making and refilling
the same shall be prosecuted with due diligence and so as not to obstruct
the street or other public place or travel thereon more than is actually
necessary therefor. If the work is not so prosecuted, or if the work
of refilling does not in the judgment of the street superintendent
comply with the terms of this chapter, the street superintendent shall
notify the person named in the permit that the work is not being prosecuted
with due diligence or that the refilling of such excavation has not
been properly done, and shall require such person, within three days
after the service of such notice, to proceed with the diligent prosecution
of such work, or properly to complete the same, as the case may be.
Such notice shall be written or printed, and shall be served personally
or by leaving the same at the residence or place of business of such
person. If such person cannot be found and such place of business
or residence is unknown or is outside of the City, such notice may
be served by depositing the same in the post office in a sealed envelope,
postage fully prepaid, addressed to such person at such place of business
or residence, if known, or if unknown at the City. If such notice
is not complied with, the street superintendent shall do such work
as may be necessary to refill such excavation, and restore the street,
or other public place, or part thereof excavated, to as good a condition
as the same was in before such excavation was made.
(Prior code § 20.34)
The street superintendent shall cause a statement showing the
amount due the City from every person for any work performed by the
City pursuant to the provisions of this chapter to be mailed to every
such person or to his or her agent in the City on or before the twelfth
day of any month for any and all such work performed during the previous
month. The amount due the City as shown by any such statement shall
be paid by every such person to the street superintendent of City,
on or before the twenty-fifth day of the month in which any such statement
is mailed. In case of a special deposit, the balance shall be returned
within thirty days after the street surface has been replaced by the
street superintendent. The City shall deduct the cost of any work
done or repairs made by the street superintendent from any and all
deposits then on hand belonging to any person under the provisions
of this chapter.
(Prior code § 20.35; 79-23)
The decision of the street superintendent as to the cost of
any work done or repairs made by him or her under his or her direction
pursuant to the provisions of this chapter shall be final and conclusive
as to the cost thereof.
(Prior code § 20.36)
All moneys refunded pursuant to the provisions of this chapter
shall be paid upon demands audited and paid in the same manner as
other demands against the City are audited and paid.
(Prior code § 20.37)
It is unlawful for any person to make, or to cause or permit
to be made, any excavation in any unimproved public street, alley
or other public place for the purpose of removing soil or gravel therefrom,
or to remove or to cause or permit to be removed therefrom any soil
or gravel, without first obtaining a permit in writing from the street
superintendent of the City to do so.
(Prior code § 20.38)
It is unlawful for any person to make, or cause or permit to
be made any fill in any unimproved public street, alley or other public
place, for the purpose of placing, or causing or permitting to be
placed thereon, any soil or gravel, without first obtaining a permit
in writing from the street superintendent to do so.
(Prior code § 20.39)
It is unlawful for any person to make, or to cause or permit
to be made, any excavation under, or to remove, or to cause or permit
to be removed, any earth, dirt or other formation from under that
portion of any sidewalk lying between the outer curbline and any point
in such sidewalk four feet distant from such curbline, or under any
alley within three feet of the centerline of such alley, or to construct
or cause or permit to be constructed any wall or other structure under
any sidewalk within four feet of such curbline or under any alley
within three feet of the centerline of such alley. The street superintendent
may, in his or her discretion, issue permits for the making of excavations
under that portion of any sidewalk lying between the outer curbline
and any point in such sidewalk four feet distant from such curbline
and under that portion of any alley, within three feet of the centerline
of such alley, and may, in his or her discretion, issue permits for
the construction of a wall or other structure under any such sidewalk
within four feet of such curbline and under any such alley within
three feet of the centerline thereof. Any permits issued under the
provisions of this section may be revoked by the street superintendent
at any time it may become necessary to construct any sewer, water
main or pipeline or conduit or other public work of any kind along,
in or through the excavation constructed or maintained under the authority
of such permit, and the City shall have the right to use any portion
of such excavation for the construction and maintenance of any such
sewer, water main, pipeline, conduit, or other public work or improvement.
Any such excavation shall be so constructed and maintained as to afford
lateral, sub-lateral, adjacent and overhead support of the surrounding
embankments and structures satisfactory to the street superintendent.
Before any such permit is issued a detailed plan of such excavation
showing the proposed location thereof, and all appurtenances thereto,
shall be filed in the office of the street superintendent.
(Prior code § 20.41)
None of the provisions of this chapter shall apply to any work done or to be done in, along or upon any public street, alley or other public place pursuant to any law of the state providing for the improvement thereof or to any work done or to be done in, along or upon any such street, alley or other public place pursuant to any contract for improvement authorized by the City Council; provided, that the provisions contained in Sections 12.04.160 through 12.04.200 shall apply to all such work and to all excavations to be made in, along or upon any public street, alley or other public place. The provisions contained in Sections 12.04.140 and 12.04.150 shall apply to all such work and to all excavations made or to be made in, along or upon any public street, alley or other place whenever the specifications for such work so provide.
(Prior code § 20.42)
The provisions of this chapter shall not apply to excavations
made by any department, board or officer of the City in the discharge
of its or his or her official duties.
(Prior code § 20.43)
Nothing contained in this chapter shall be construed to prevent
any person maintaining any pipe or conduit in any public street, alley
or other public place by virtue of any law, ordinance or permit from
making such excavation as may be necessary for the preservation of
life or property when such necessity arises during such hours as the
offices of the City are closed; provided, that the person making such
excavation shall obtain a permit therefor within four hours after
the offices of the City are first opened subsequent to the making
of such excavation.
(Prior code § 20.44)
Every permit for an excavation in or under the surface of any
public street, alley or other public place shall be granted subject
to the right of the City or of any person entitled thereto, to use
that part of such street, alley or other public place for any purpose
for which such street, alley or other public place may lawfully be
used.
(Prior code § 20.45)
