The owner or occupant of any lot fronting on
any street, traveled road or public place upon which lot there is
an abrupt descent from such sidewalk, street or traveled road, or
an excavation, or a dangerous place, shall make, maintain and continue
upon such lot in front of the same upon the line of the sidewalk,
street or highway a strong and sufficient barrier, wall or fence so
as to prevent persons or animals from falling through or over the
same into such dangerous place or excavation.
A.
Generally. Unless acting under a contract with the
City, it shall be unlawful for any person, other than a duly authorized
City official or employee in the course of his or her employment,
to make or cause or permit to be made any excavation or opening in
or under any sidewalk, or in or under the pavement of any street,
alley or other public place within the limits of the City, without
first having obtained, or having in force, a permit to do so, as herein
provided.
B.
Exceptions. A permit shall not be required in case
of an emergency arising out of office hours, at night, on Saturdays,
Sundays or legal holidays, when an immediate excavation must be made;
provided, however, that application for a permit shall be made in
the manner herein provided within the next business day.
Any person desiring to procure a permit as herein
provided shall file with the Superintendent of Engineering Services,
at least 24 hours before the time proposed to begin such work, a written
application on a blank form provided by the City. Such application
shall state the name and business or residence address of the applicant,
name of the street, sidewalk or public place in which it is desired
to make the excavation or opening, the kind of pavement or sidewalk
therein, the proposed size and location of the proposed excavation
or opening, the name and business or residence address of the person
for whom the work is to be done, the extent of such excavation, and
the time during which it is desired such opening be permitted. Whenever
required by the Superintendent of Engineering Services, the application
shall be accompanied by a sketch or tracing showing the location,
character and dimensions of the proposed excavation or opening.
A.
Indemnity of City. In every permit granted, the applicant
shall agree to indemnify and protect the City against all loss or
damage by reason of any such excavation or opening.
B.
Conduct of work. Such work shall be expeditiously
conducted from the time the permit is granted until the desired repairs
are completed.
C.
Authority of Superintendent of Engineering Services.
The Superintendent of Engineering Services shall have full authority
and power at any time to cancel, rescind and alter any such permit,
or any of the terms thereof, and to direct the manner in which the
work shall be conducted.
The Superintendent of Engineering Services,
with the approval of the Corporation Counsel, shall be and is hereby
authorized to revise the terms and conditions of permits issued for
excavations in order to protect adequately the City's interest during
the period of construction.
In all such excavations, the wearing surface
shall be relaid by the City, under the direction of the Superintendent
of Engineering Services. Such relaying shall consist of the foundation
and wearing surface in hard surface pavement, such as concrete, asphalt,
bituminous or brick, and the foundation and wearing surfaces in the
macadam pavements. At the time the application is made, the Superintendent
of Engineering Services shall furnish the applicant with a copy of
specifications for carrying on the work and a schedule of costs of
restoring the foundation and wearing surfaces of the different kinds
of pavements.
The rate for the replacement of permanent pavement
over excavations made in City streets by property owners and utilities
shall be fixed by the resolution of the Council.
In the case of a public utility company having
a franchise to operate through the streets of the City, a bond approved
by the Superintendent of Engineering Services as to amount and by
the Corporation Counsel as to form and execution may be required by
the City to cover such costs of restoration.
Notwithstanding any provisions herein to the
contrary, the City may enter into an agreement with any person, firm
or corporation providing for the conditions, method and manner of
excavation or opening under, and relaying of foundation and wearing
surfaces on, any street, alley, sidewalk or other public place by
such person, firm or corporation.
