[Adopted as Art. 901 of the 1979 Codified Ordinances]
As used in this article, certain words are defined as follows:
DEPARTMENT
Means the Department of Streets and Public Improvements.
EXCAVATION
Means any intentional disturbance of the surface of a street, avenue, road, alley, footway or sidewalk, regardless of size or shape.
INTERFERENCE
Includes gas, water, electric, telephone, telegraph and steam heat, mains, pipes, ducts and conduits, lamp and light posts, holes, and all pumps, tanks, trees, posts and sewers.
PERMITTEE
Means any person who obtains a permit from the Department.
ROADWAY
Includes the area between the curbs of any streets.
SIDEWALK
Includes the area between the building line and curb of any street.
STREET
Means any street, avenue, roadway or alley and includes the area between the building lines thereof.
A. 
All moneys paid for street excavations shall be paid to the City Treasurer, who shall deposit them in a separate fund, to be known as the "Permit Repaving Fund," to be used only to pay the cost of repaving and repairing over excavations in streets for which permits have been issued under the provisions of this article.
B. 
At the end of each fiscal year the balance in the Permit Repaving Fund shall be carried forward to the succeeding year, unless Council by ordinance directs otherwise.
A. 
No person shall excavate in any street or sidewalk in the City for any purpose without first obtaining a permit therefor from the Department.
B. 
No person shall tunnel under paved roadway of streets, for interferences, unless permission is first obtained in writing from the Department.
A. 
No permit required by § 483-11A shall be issued until the person requesting the permit presents a permit issued by the Plumbing Inspector.
B. 
No person shall obtain a permit for the excavation of any street or sidewalk, for the repairs to, or the installation of any sewers, or connection to main sewers, until such person obtains from the Plumbing Inspector, a properly executed order of acceptance of such work by him.
C. 
All plans submitted to the Plumbing Inspector shall have indicated thereon the total number and the location and kind of street excavations necessary to complete the work.
D. 
Each agreement or order shall indicate the date of starting the first excavation, and the finishing of the last excavation.
E. 
No person shall receive a permit from the Department until such person has first produced to the Department a properly executed written agreement or order from all persons who will execute the work, or any part of it, covered by such permit, which will make necessary the excavation of a street.
No permit required by § 483-11B shall be issued until the applicant files an application blank setting forth such information as the Department may require. The Department upon issuing a tunneling permit shall transmit a full memorandum thereof to such other departments as may be considered necessary for the proper recording and filing of such permits.
In case of proposed excavation for street interference in streets not now occupied, or hereafter to be occupied, persons desiring to make such excavation shall upon applying for a permit submit to the Department a plan and specifications showing the street proposed to be opened and the location, kind and size of the street interference.
A. 
Permits shall be issued corresponding to the area of the excavation necessary to be repaired or repaved upon declaration of intent and kind of work to be done by the permittee.
B. 
The Department shall keep a record of the date of the issuing of each excavation permit and of the place, character and extent of each excavation.
A. 
Persons making longitudinal excavations along any street shall close, replace and backfill all such excavations made by virtue of any permit at their own proper cost and expense, and to the satisfaction of the Department.
B. 
No excavation in any street shall be wider than necessary for the work to be performed, and the sides shall be kept vertical. In no case shall an excavation at any point be greater width or length than the width or length of the surface of the street excavated.
A. 
All street excavations for installation of sewer connections or repairs shall first be inspected and approved by the Plumbing Inspector before notifying the Department of backfill inspection.
B. 
All street excavations of every nature and extent shall be inspected and approved by the proper authorized official of the Department, first of the opening before it is backfilled, and second and finally, after the opening has been backfilled.
C. 
Upon a violation of this section, the permittee, as violator, shall reopen the opening, and the work shall be properly inspected and finished at the direction of the proper official of the Department.
Whenever any person makes an excavation for any of the purposes mentioned in this article, such person shall during the progress of such, and until the full completion thereof, cause all necessary barriers and guards to be fixed and stationed in the immediate vicinity thereof, in such a way to afford due and proper warning and precaution against accident and damages to pedestrians and vehicles. Such person shall in the nighttime also cause one or more lanterns with a red light to be enclosed and displayed, in the immediate vicinity, and to keep such lanterns illuminated the entire night in such manner to make the excavation, structure or openings plainly and distinctly visible from all directions.
No person making an excavation shall block or barricade a street so that traffic will be entirely interrupted, unless permission has been obtained from the Department.
[Amended 10-9-2024 by Ord. No. 8-2024]
A. 
Backfilling of excavation in streets shall be done in such manner as meets the approval of the Department. In case of neglect or failure on the part of any person to do backfilling properly the Department is hereby authorized to refuse the issuing of subsequent permits to the offending person during such time as the Department may determine.
B. 
After an opening in the street has been backfilled and inspected the Department shall repave the same.
C. 
The permittee shall include base repair, surface milling and overlay for the full width of the cartway, to include edge of paving to edge of paving for the greater of the entire block of 100 lineal feet, under any of the following circumstances:
(1) 
Where the street has been overlaid within the most recent five years.
(2) 
Where openings of more than 25 square feet have been made within 200 linear feet of pavement.
(3) 
Where an opening of 50 continuous linear feet has been made.
The holder of a sidewalk excavation permit shall backfill the opening and shall repave and repair the sidewalk in a good workmanlike manner. If the work is not so done to the satisfaction of the Director of the Department of Streets and Public Improvements, the City may have the work properly done and charge the cost and expense thereof to the permittee.
All fees and charges payable to the City in connection with making, using and closing street and sidewalk excavations shall be of such nature and in such amounts as Council may determine. Schedules embodying the most recent of such determinations shall at all times be on file and available for public inspection in the office of the City Engineer.
[Amended 6-15-2017 by Ord. No. 2-2017]
Upon violation of this article the City may take any of the following actions:
A. 
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives or any Police officer may cause a printed ticket for such violation to be handed to the violator, left upon or affixed to the premises where such violation occurred, or mailed to the address of the property in question or the address to which tax bills are mailed for such property by certified mail. The ticket shall bear the date, the time and the nature of the violation, the fine prescribed therefor pursuant to Subsection A(2), below, and a reference to this chapter.
(1) 
Whoever receives such a ticket may within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of such ticket. Payment shall be made as directed on the ticket and the violator shall be furnished with an official receipt therefor, which shall constitute an admission of the violation charged but shall not excuse a continuing violation.
(2) 
Ticketed penalties for violations shall be in the amount of $200, provided however, that the City Council may revise such ticket penalties amount by resolution from time to time.
(3) 
When a person has been notified in the manner set forth in this chapter and does not avail himself or herself of the penalty provision of Subsection A(1) hereof, a citation or summons shall be issued for such violation. Upon conviction on such summons or citation before the Magisterial District Justice, such person shall be subject to a penalty of not more than $1,000 and costs, and in default of payment thereof, imprisonment for a period of not more than 30 days. If the person named in the citation or summons fails to appear on the date specified therein, a warrant may be issued for his or her arrest.
B. 
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives may cause the conditions in violation of this article to be removed or abated by employees of the City or by any independent contractor authorized by the City. Thereafter, the owners, tenant, occupant or agent of the property shall be liable for the cost of such removal or abatement, plus an administrative charge equal to 15% of such costs, in the manner of a municipal lien.
C. 
In addition to the penalty provided above, the City shall have all other remedies available at law and in equity.