§ 98.42 EXCAVATION SAFEGUARDS; LIABILITY; REPAIR.
   (A)   Whenever any person shall be permitted to excavate in the streets or public grounds, it shall be the responsibility of such persons to use barricades, in compliance with the current version of the Ohio Manual of Uniform Traffic Control Devices (OMUTCD) or as directed by the city, on any excavation which constitutes a hazard to persons or vehicular traffic. Any person who shall neglect the duty imposed by this section shall, in addition to the fine imposed, be liable for all damages to persons or property growing out of such neglect.
   (B)   No excavation or opening made in the streets or public grounds shall remain open for a longer time than is absolutely necessary to do the work described in the permit granted for such excavating. The person making such excavation or opening shall backfill the same without delay in conformity with current city standards and shall put all such openings and excavations in a condition safe for public travel upon such street or public grounds.
   (C)   In case the person making such excavation shall refuse or neglect to comply with this section, the Public Works Director shall cause the excavation to be filled and the street repaired and shall collect the expense and cost of the repair by civil action in any court having jurisdiction.
(Ord. 8349, passed 9-2-2014) Penalty, see § 98.99