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No person shall make or cause to be made any excavation, trench or other opening in the right of way of any street, alley or other public roadway, nor shall any person make or cause to be made any tunnel under any part of the right of way of any street, alley or other public roadway, unless such person first obtains a permit therefor from the Director of Public Service. Each permit shall be obtained by application and each application shall state the exact location of the excavation or tunnel, the exact size of the excavation or tunnel and the applicant's willingness to comply with all of the provisions of this chapter.
(Ord. 304-66. Passed 12-14-66.)
Every application for a permit shall be accompanied by a nonrefundable fee of fifty dollars ($50.00). A separate application and permit shall be required for each tunnel, excavation, trench or other opening. In the case of an excavation, trench or other opening, the application for a permit shall be accompanied by a deposit of ten dollars ($10.00) for each square foot of surface affected by such excavation, trench or other opening, with a minimum deposit of one thousand dollars ($1,000). The deposit provided in this section shall not apply to bonded and insured contractors performing work for the City, to major subdivisions where financial guarantees and deposits are in place pursuant to a subdivider's agreement, or to utility companies operating within the City pursuant to a franchise granted by the City.
(Ord. 123-92. Passed 11-9-92.)
The full responsibility and liability for damages arising from the creation of any tunnel, excavation, trench or other opening shall be that of the permit holder, who shall at all times keep the tunnel, excavation, trench or other opening properly guarded and enclosed so as to ensure the safety of persons and vehicles using the street, alley or roadway. This responsibility shall continue until permanent replacement of the surface of the street, alley or roadway is made. This responsibility shall include the cost of defense of all lawsuits and settlement and payment of any and all claims, actions or judgments for damage to persons or property arising out of the creation and maintenance of such tunnel, excavation, trench or other opening.
(Ord. 304-66. Passed 12-14-66.)
Until permanent replacement of the surface of the street, alley or roadway is made, the permit holder shall provide a temporary filling of any excavation, trench or other opening. All temporary fillings shall be of such quality and composition as may be required by the Director of Public Service and shall at all times be kept even with the surface level of the street, alley or roadway.
(Ord. 304-66. Passed 12-14-66.)
The deposit required by Section 1020.03 shall be returned to the permit holder upon the completion of the project to the full satisfaction of the Director of Public Service and upon the permanent replacement of the surface of the street, alley, roadway or sidewalk to its original condition. If the City is required to replace and restore the surface to its original condition, the actual cost of such restoration and replacement shall be deducted from the permit holder's deposit, and the balance of the deposit shall be returned to the permit holder after such restoration and replacement are completed.
(Ord. 304-66. Passed 12-14-66.)
The Director of Public Service may require that an excavation, trench or other opening be covered by a metal plate sufficient to maintain uninterrupted traffic along the street, alley or roadway. The Director may further specify the type and number of barricades and warning lights as may be necessary to reasonably and adequately ensure the safety of persons and vehicles using the street, alley or roadway.
(Ord. 304-66. Passed 12-14-66.)
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