A. Written Permission Required: No person, firm, or corporation shall dig in, excavate, trench, or otherwise disturb the surface or subsurface of any street or right-of-way within the City without first obtaining the written permission from the Public Works Director or Street Supervisor. Application shall be made to the Director or Supervisor on a form to be provided by the City.
B. Prohibited Period: No permission, as described in subsection A of this section, shall be given, except in cases of extreme emergency, during the period from October 31 of each year to April 1 of the following year, when the ground is frozen or likely to be frozen.
C. Safety Devices: Before and during any digging, excavating, or other disturbance of any street or right-of-way, the person, firm, or corporation responsible shall adequately flag and post the excavation, in the interest of public safety.
D. Restoration Of Excavated Area: Each person, firm, or corporation obtaining written permission for work as provided herein shall restore the surface of the street or right-of-way to a condition satisfactory to the Public Works Director or Street Supervisor. The permittee shall have such time as is specified in the permit to restore the street or right-of-way according to the City specifications. Trenches must be adequately compacted against settling, and the contractor shall be liable for any further repairs necessary due to settling. (Ord. 216, 3-13-1986)
E. Penalties:
1. Any person, firm, or corporation convicted of violating the provisions of this section shall be guilty of a misdemeanor and subject to the penalty provisions of section 1-4-1 of this Code. (Ord. 216, 3-13-1986; amd. 2018 Code)
2. The City may proceed in a civil action for damages to collect the amount of money found necessary to restore the surface of the street or right-of-way disturbed, dug in, excavated or trenched without the written permission as in this section required, or where the surface restoration has been found to be inadequate or substandard according to City street specifications. (Ord. 216, 3-13-1986)