[Adopted 1-15-1973 by Art. VI of
Ord. No. 275]
No person shall make any excavation in or under
any street, alley or boulevard in the City of Breckenridge without
first obtaining a permit to do so.
A.Â
Applications for such permits shall be in writing,
signed by the applicant and filed with the City Administrator or his/her
designee.
[Amended 5-7-2018 by Ord.
No. 499]
C.Â
All applicants shall state in the application that
they will:
(1)Â
Comply with all established laws, ordinances and regulations.
(2)Â
Take all reasonable safety precautions to guard and
protect such projects in order to prevent injury to persons or property.
(3)Â
Save and hold the city harmless from all suits, damages,
costs and expense of any nature that may accrue or arise out of the
applicant's use or excavation of such street, alley or boulevard.
D.Â
Such applicants shall also agree that they will:
(1)Â
Promptly obey all orders and directions of the City
Engineer issued while the project is in progress.
(2)Â
Restore to the satisfaction of the City Engineer,
and at such time and in such manner as the City Engineer may direct,
the surface of the street, alley or boulevard affected to its original
condition.
Before any person shall be granted an excavation
permit, he or she shall post a sufficient bond or make cash deposit
in such amount as the City Engineer may deem sufficient to protect
the city from all liability, damage and expense which may accrue or
arise out of the applicant's use or excavation of such street, ally
or boulevard. No such security shall be released or returned to the
applicant until the City Engineer has made an inspection and determined
that the street, alley or boulevard has been properly restored and
that no other expense or liability is likely to accrue. The fact that
insufficient security has been furnished or the fact that security
has been prematurely released shall not in any way relieve the applicant
of his or her liabilities under this article.
[Amended 5-7-2018 by Ord.
No. 499]
Applications for excavation permits shall be referred by the City Administrator or his/her designee to the City Engineer who shall approve them if reasonable, specify the time when the project must be completed and the amount of the required security. After approval by the City Engineer, the City Administrator or his/her designee shall issue a permit to the applicant upon deposit of the security and the payment of a fee as provided in Chapter 86, Fees, which shall be retained by the City and not returned to the applicant.
All excavations must be filled in and the street,
alley and boulevard surfaces restored to their original condition
as soon as reasonably possible under the direction of the City Engineer.
Excavations which require constant attention over a period of time
because of settling or other reasons must be given constant attention
by the persons responsible for the excavation during the time the
excavation is in process. If the applicant fails to complete the project
within the time required or fails to comply with the orders of the
City Engineer or fails to restore the street, alley or boulevard surface
to its original condition, the City Engineer may take whatever action
is necessary to restore the street, boulevard or alley surface or
maintain the excavation, and the cost thereof shall be charged to
the applicant.
In the event any person, firm or corporation
fails to comply with the provisions of this article pertaining to
excavations, the City Engineer may refuse to grant such person, firm
or corporation a permit to make any other excavations on the streets,
alleys or boulevards of the city.
No excavation permit shall be required when
excavations are made by the City of Breckenridge or any department
of the city. No excavation permits shall be required from any person,
firm or corporation who is making an excavation on behalf of the City
of Breckenridge or any department of the city.
