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It is unlawful for any person to travel or operate any vehicle on any street or alley temporarily closed by barricades, lights, signs, or flares placed thereon by the authority or permission of any City official, police officer or member of the Fire Department.
It is unlawful to park, store or place, temporarily or permanently, any machinery or junk or any other goods, wares, and merchandise of any kind upon any street or alley for the purpose of storage, exhibition, sale or offering same for sale, without permission of the Council.
It is unlawful for any person to use any public sidewalk, street, or alley for the purpose of washing or cleaning any automobile, truck equipment, or any vehicle of any kind when such work is done for hire or as a business. This does not prevent any person from washing or cleaning his or her own vehicle or equipment when it is lawfully parked in the street or alley.
No person shall dig, excavate, or in any manner disturb any street, parking or alley except in accordance with the following:
1. Permit Required. No excavation shall be commenced without first obtaining a permit therefor. A written application for such permit shall be filed with the City and shall contain the following:
A. An exact description of the property, by lot and street number, in front of or along which it is desired to excavate;
B. A statement of the purpose, for whom and by whom the excavation is to be made; and
C. The person responsible for the refilling of said excavation and restoration of the street or alley surface.
2. Public Convenience. Streets and alleys shall be opened in the manner that will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter on the street.
3. Barricades, Fencing and Lighting. Adequate barricades, fencing and warning lights meeting standards specified by the City shall be so placed as to protect the public from hazard. Any costs incurred by the City in providing or maintaining adequate barricades, fencing or warning lights shall be paid to the City by the permit holder/property owner.
4. Bond Required. The applicant, whether a contractor or the property owner, shall post security with the City in the amount of $2,000.00, either in cash or a bond issued by a surety company authorized to issue such bonds in the State of Iowa. The surety shall guarantee payment for any damage done to the City or to public property, and payment of all costs incurred by the City in the course of administration of this section.
5. Insurance Required. Each applicant, whether a contractor or a property owner, shall also file evidence of public liability insurance covering all operations of the applicant and all equipment and vehicles in the following minimum amounts:
A. Bodily Injury - $100,000.00 per person; $300,000.00 per accident.
B. Property Damage - $100,000.00 per accident.
6. Restoration of Public Property. Streets, sidewalks, alleys and other public property, including excavations under roadways disturbed or created in the course of the work shall be restored to the condition of the property prior to the commencement of the work, or in a manner satisfactory to the City, at the expense of the permit holder/property owner.
7. Inspection. All work shall be subject to inspection by the City. The permit holder/property owner shall provide the City with notice at least forty-eight (48) hours prior to the time when inspection of backfill is desired.
8. Completion by the City. Should any excavation in any street or alley be left open or unfinished for a period of twenty-four (24) hours or in the event the work is improperly done, the City has the right to finish or correct the excavation work and charge any expenses therefor to the permit holder/property owner.
9. Fees. The fees for the permit and work performed by the City as described herein are as follows:
A. Permit $25.00 each permit
B. Barricades and Lighting $20.00 each permit
C. Saw Cut only $3.00 per linear foot
D. Removal of Curb $7.00 per linear foot
E. Remove and Replace Curb and Gutter $35.00 per linear foot
F. Pavement Restoration $50.00 per square yard
G. Curb Penetration $50.00 each
H. Utility Trench Granular Backfill $25.00 per ton
(Ord. 2007 - Sep. 20 Supp.)
10. Conditions of the Permit. The following stipulations, along with others that may be adopted by the Council, shall govern the permit. It is the sole responsibility of the applicant or permit holder to assure compliance with them.
A. Responsibility for Costs. All costs and expenses incident to the excavation shall be borne by the permit holder and/or property owner. The permit holder and owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by such excavation.
B. Notification. At least forty-eight (48) hours prior to the commencement of the excavation, excluding Saturdays, Sundays and legal holidays, the person performing the excavation shall contact the Statewide Notification Center and provide the center with the information required under Section 475.4 of the Code of Iowa.
11. Permit Issued. Upon approval of the application, filing of bond and insurance certificate, and payment of any required fees, a permit shall be issued. A separate permit shall be required for each excavation.
12. Permit Exemption. Utility companies are exempt from the permit application requirement of this section. They shall, however, comply with all other pertinent provisions and shall post with the City a yearly bond in the amount of $5,000.00 to guarantee such compliance.
It shall be the responsibility of the abutting property owner to maintain all property outside the lot and property lines and inside the curb lines upon the public streets, except that the abutting property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right-of-way. Maintenance includes timely mowing, trimming trees and shrubs, and picking up litter.
(Code of Iowa, Sec. 364.12[2c])
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