While the need for occasional emergency excavations is recognized, the practice should be limited as much as possible in order to preserve the normal excavation permitting process.
(A) An emergency shall be deemed to exist if:
(1) There is a great public calamity, or a breakdown in machinery or an essential service that threatens the public health, welfare or safety, and that an immediate excavation is necessary to remove the threat to public health, welfare, or safety, or to repair that machinery or service; or
(2) The City Manager or his or her designee determines that a great public calamity, or a breakdown in machinery threatens the public health, welfare, or safety, or to repair that machinery or service.
(B) If an emergency is deemed to exist under division (A), any person lawfully maintaining the damaged or inoperative machinery or service in the public right-of-way may make the minimum emergency excavation necessary to remove the threat to public health, welfare, or safety, or to repair that machinery or service.
(C) The party making the excavation shall apply for the regular permit therefor within eight hours after the offices of the city are first opened subsequent to the making of the excavation, and shall obtain such permit as soon as practicable.
('86 Code, § 13.20.180) (Ord. 3002, passed - - ; Am. Ord. 4403, passed 2-12-01)