§ 97.037  EXCAVATIONS IN RECENTLY IMPROVED PUBLIC STREETS AND ALLEYS; FEE.
   (A)   No permit shall be issued by the Public Works Director for any excavation or opening in any street or alley if the street or alley has been completed less than five years, unless the applicant for the permit can clearly demonstrate that the public health or safety requires that the proposed excavation or opening be permitted. The burden of proof shall rest solely with the applicant, and the final decision regarding the issuance of the permit shall be that of the Director of Public Works.
   (B)   This section shall not prohibit an excavation or opening of such a street or alley necessitated by an emergency condition in which event an application for such a permit shall be filed as soon as practicable and in no event later than 48 hours after the emergency excavation or opening.  An emergency condition shall be deemed one in which the public or an individual's health or safety requires immediate correction.
   (C)   Any excavation or opening in a street or alley completed less than five years shall be made only on payment of a penalty, in advance, in the amount of $500 within the first year following completion of the street or alley; $400 within the second year following completion of the street or alley; $350 within the third year following completion of the public street or alley; $300 within the fourth year following completion of the public street or alley; and $250 within the fifth year following completion of the public street or alley.
('83 Code, § 98.37) (Ord. 47-1982, passed 6-3-82)