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(A) Permit required. No person shall move any building or part of a building into, along, or across any public street, alley, or grounds in the city without having obtained a moving permit from the City Council.
(Prior Code, § 6.0401)
(B) Applications. Written application for a moving permit shall be filed with the Finance Officer, and shall include the name and address of the applicant, the name and address of the owner of the building, a description of the lot on which the building sits, a description of the lot on which it is to be moved, if located in the city, the route along which it is proposed to move such building, and the length of time it may take in such moving. The City Council may specify any conditions to be complied with by the applicant in moving the building.
(Prior Code, § 6.0402)
(C) Bond. No permit shall be granted until the applicant shall file with the Finance Officer a bond to the city in the penal sum to be established by the City Council, and sufficient surety, conditioned that the applicant will promptly repair and make good, to the satisfaction of the Council, any and all damage to any pavement, sidewalk, crosswalk, hydrant, street, alley, or other property done or caused by himself or herself or of his or her employees, in moving such building or part thereof. The applicant shall indemnify and save harmless the city against any and all liability for damages, costs and expenses, arising or which may arise or be incurred in favor of any person by reason of any negligence or misconduct or act on his or her part or the part of his or her agents or employees, in connection with the moving of said building or part thereof, or the use of any public ground for such purpose.
(Prior Code, § 6.0403)
(D) Standing buildings. No building or part of a building being moved, shall be allowed to stand still in any public street or any public ground for more than 24 consecutive hours.
(Prior Code, § 6.0404)
(E) Permission of property owners. No moving permit granted by the city shall authorized the holder thereof to break, injure, or move any telephone, electric light, power, or cable TV wire or pole, or to cut, trim, or otherwise interfere with any property without the written permission of the owner or owners thereof.
(Prior Code, § 6.0405) Penalty, see § 91.99
Statutory reference:
Similar state provisions, see SDCL § 9-30-2
EXCAVATION AND CONSTRUCTION
(A) Approval required. No person shall make or cause to be made any excavation except as hereafter provided, in or under any street, sidewalk, alley, or public ground or remove any earth, soil, paving, gravel, or materials therefrom without first having obtained approval from the City Council.
(Prior Code, § 6.0201)
(B) Excavation permits. Application for such approval shall state where such excavation is to be made, the extent thereof, and the purpose of such excavation. Applications for excavations may require a deposit bond, or other security, in such sum as deemed necessary by the City Council to ensure the proper replacement and refilling of any such excavation or to cover the costs of any damages which may be caused by such excavation. Any required deposit, bond, or other security shall be paid to the city before approval of the application is made, and any unused portion of said deposit shall be refunded to the applicant upon recommendation and approval of the City Council. Any excavation of an emergency nature may be approved by the Mayor on such deposit, bond, or other security and on such conditions as he or she shall set.
(Prior Code, § 6.0202)
(C) Excavation warranty. All excavations shall require a two-year guaranty or warranty by the contractor or other person doing the excavating.
(Prior Code, § 6.0203)
(D) Excavation repairs. Approval for any excavation covered by this section shall be issued only upon the express condition that the applicant shall refill such excavation in accordance with the requirements of the City Council, and shall restore the pavement or surfacing, as the case may be, to its former condition. The City Council shall adopt and amend as necessary such requirements which shall set forth the manner in which various types of excavations shall be backfilled or refilled and the manner in which any street surfacing shall be replaced.
(Prior Code, § 6.0204)
(E) Excavation inspections. The city shall be authorized to inspect all excavation work at any stage of construction, to ensure compliance with approved requirements. If all backfilling, refilling, or surfacing is not completed in accordance with approved requirements, notice thereof in writing shall be given to the applicant, who shall put the same in proper order. If the applicant fails after such notice to complete all requirements, the City Council may authorize the necessary repairs and such applicant shall pay the costs thereof.
(Prior Code, § 6.0205)
(F) Excavation barriers. Any person receiving approval to make excavations in or upon any street, alley, sidewalk, or public ground shall, during the progress and continuance of the work, erect and maintain around the same both day and night suitable guards, fences, flares, and signals so as to prevent injury to persons, animals, or vehicles on account of such excavations.
(Prior Code, § 6.0206) Penalty, see § 91.99
All sidewalk construction shall be in conformity with the specifications of the city’s engineer. When considered necessary and advisable for the peace, welfare, and safety of the people, the City Council may direct that new sidewalk be constructed and assessed to abutting property owner in accordance with SDCL § 9-46.
(Prior Code, § 6.0207) Penalty, see § 91.99
No driveway approaches shall protrude or extend into the streets beyond the curb line, unless otherwise so authorized by the City Council. Concrete driveway approaches shall be constructed in conformity with the specifications of the city’s engineer. On gravel thoroughfares, driveway approaches constructed shall permit flow of surface water without drainage interference and shall permit proper blading and maintaining of streets.
(Prior Code, § 6.0208) Penalty, see § 91.99
All new residential and commercial construction shall install curb and gutter, adjacent to the property where such construction occurs in conformity with the specifications of the city’s engineer. The City Council shall reserve the right to direct that curb and gutter be constructed and the cost assessed against any abutting property owner.
(Prior Code, § 6.0209)
When constructed separately from an overall construction project, property owners or their agents shall submit applications for permits for approval by the City Council for sidewalks, driveway approaches, curbs, or curb and gutter, when these improvements are constructed simultaneously or as one project, only one application is necessary to include all improvements, and where any or all are part of a new construction project, only one permit for the overall construction shall be issued. All improvements, installations, and engineering recommendations shall be in conformance with specifications or recommendations approved by the City Council.
(Prior Code, § 6.0210) Penalty, see § 91.99
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