A. Purpose: The purpose of this section is to prevent injury to persons and damage to property resulting from excavation damage to underground utilities, to any utility line, street, roadway, alley or other right of way.
B. Definitions: The following definitions shall apply in the interpretation and enforcement of this section:
BLASTING: The use of an explosive device for the excavation of earth or the demolition of a structure.
CITY: The city of Carmi, White County, Illinois.
CORPORATE LIMITS: Includes, but is not limited to, premises held under lease or right of way grant wherein the city appears as grantor.
DAMAGE: Includes, but is not limited to, the substantial weakening of a structural or lateral support of a utility line, penetration or destruction of any utility line protective coating, housing or other protective device, and the severance (partial or complete) of any utility line, or the destruction or damage to the ground, concrete, blacktop, soil, cement or other surface of any street, roadway, alley or other right of way.
EXCAVATE OR EXCAVATION: The movement of earth by use of mechanized equipment or explosive device and includes, but is not limited to, auguring, backfilling, digging, ditching, drilling, grading, plowing in, pulling in, ripping, scraping, trenching and tunneling.
EXCAVATOR: Any person who engages in excavating.
MECHANIZED EQUIPMENT: Equipment powered or energized by any motor used for excavation or demolition work, including, but not limited to, trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows or other equipment used for plowing in or pulling in cable or pipe.
PERSON: An individual, partnership, association, corporation, a state or any subdivision or instrumentality of a state, and their employees, agents, contractors, subcontractors or legal representatives.
STREET, ROADWAY, ALLEY OR OTHER RIGHT OF WAY: Any real estate used for purposes of ingress, egress and regress in the city of Carmi, Illinois.
UTILITY LINE: Any cable, pipeline or other conduit installed underground, by which a utility operator furnishes material or services.
UTILITY OPERATOR: A person who supplies any of the following materials or services by means of an underground utility line:
1. Flammable, toxic or corrosive gas;
2. Petroleum, petroleum products, or hazardous liquids;
3. Electricity;
4. Communications;
5. Sewage disposal; and
6. Water.
C. Written Notice To City; Information Required: No person may excavate or engage in blasting within the corporate limits of the city unless a written notice of excavation or blasting is filed with the appropriate city official at least seven (7) days, but not more than thirty (30) days, prior to commencement of the excavation or blasting. The notice of excavation or blasting shall contain the following information:
1. The name, address and telephone number of the person performing the excavation or blasting.
2. The location and description of the projected excavation or blasting in sufficient detail to enable any utility operator operating within the corporate limits of the city to determine whether any of its utility lines may be subject to damage, and whether streets, roadways, alleys or any other rights of way may be subject to damage.
3. The date the excavation or blasting is scheduled to commence.
D. Emergency Excavations: A written notice of excavation or blasting is not required for emergency excavation or blasting by an excavator to eliminate an imminent danger to health or property; provided, however, that prior oral notice of the emergency excavation is given to the appropriate city official where the emergency excavation is to be performed and request is made for emergency assistance from the city in locating and providing protection to all utility lines, streets, roadways, alleys or other rights of way within its corporate limits.
E. Damage Repair Required; Bond: A person engaging in excavation or blasting shall take every reasonable precaution to avoid damage to a utility line, street, roadway, alley or other right of way located and described by the appropriate city official; however, any person who damages a utility line, street, roadway, alley or other right of way while excavating or blasting is obligated to make such repairs to the utility line, street, roadway, alley or other right of way as will restore it substantially to the same condition as it was originally. To ensure the proper repair, the appropriate city official may require the person, before commencement of any excavation or blasting, to enter into a bond payable to the city in a sum commensurate, in the opinion of the appropriate city official, with the injury to be done to the utility line, street, roadway, alley or other right of way, conditioned for its proper restoration within such time as the appropriate city official may prescribe.
F. Notify City Of Damage; Alert Public: A person who damages a utility line, street, roadway, alley or other right of way while excavating or blasting shall immediately notify the appropriate city official of the location and nature of the damage and shall allow the city or other utility operator a reasonable time to repair the damage before completing the excavation around the utility line, roadway, street, alley or other right of way. The excavator shall immediately warn persons in the vicinity of an excavation site of any break in a utility line resulting in the escape of any flammable, toxic, or corrosive gas or liquid and shall immediately notify emergency response personnel, including the police, fire department and any appropriate city official.
G. Relocation Of Line By Franchised Utility: If the city requires any franchised utility company to relocate their utility lines, the city shall make requests to the franchised utility company, and the franchised utility company shall have two (2) days in which to relocate their utility lines; failure of the franchised utility company to relocate their utility lines within two (2) days from date of written notice from the city shall relieve the city from any and all damages and liability to the franchised utility company for any damages to the utility lines of such franchised utility company.
H. Penalties:
1. Penalty Imposed: Any person who violates this section shall be subject to a fine as provided in section 1-4-1 of this code for each offense by the violator.
2. Actions To Recover Penalty: All actions to recover the penalties assessed shall be brought by the city attorney upon complaint of the appropriate authorities of the city council. All such actions shall be brought in the court having jurisdiction over the place where the violation occurred or in which the defendant has his residence or principal place of business.
3. Disposition Of Fines: All fines collected shall be paid into the general fund of the city. (Ord. 1035, 12-21-1981; amd. 2006 Code)