(A) Permit Required: No person shall make or cause to be made any cuts or excavations in, through or under any street, sidewalk, alley or public place in the City for any purpose whatsoever, without a permit therefor being first obtained from the Superintendent of Streets and/or Water Department employee, which permit shall not be issued until the applicant has complied with the provisions of this chapter requiring a bond and deposit. A separate permit shall be obtained for each cut or excavation made, however, one permit may be issued to authorize multiple cuts when part of a single project. In such cases, the fee shall be computed on the basis of the number of openings times the fee provided in subsection (C) of this section. This section shall not be construed to prohibit bona fide emergency cuts or excavations when essential to the preservation of public health, safety or welfare. In such cases, application for permit to cover emergency cuts or excavations shall be made the first regular work day following the making of the cut or excavation.
(B) Application For Permit: All applications for permit under the provisions of this chapter shall be signed by the person, or his duly authorized agent, who desires to do the work designated in the application. Such application shall not be assignable and no person shall allow his name to be used to obtain a permit for any other person. Applications shall be made on forms provided for this purpose and approved by the Superintendent of Streets and/or Water Department employee.
(C) Permit Fee: The sum of fifty dollars ($50.00) shall be charged for each and every permit issued under this chapter. Such fee shall be paid to the City Clerk. (Ord. 20, 12-5-1908; amd. 1979 Code; 2018 Code)
Public utilities having franchises which permit the deduction from franchise taxes or permit fees and charges shall be issued permits without charge. (Ord. 20, 12-5-1908; amd. 1979 Code)
(D) Bond And Liability Insurance: Before any permit referred to in this chapter shall be issued, the applicant for such permit shall have deposited with the Superintendent of Streets and/or Water Department employee a performance and maintenance bond, or in the alternative a license and permit bond, in the penal sum of two thousand dollars ($2,000.00), which bond shall provide that the permittee shall well and satisfactorily restore the street opening and guaranteeing said satisfactory restoration for a period of one year after same is made. If the permittee anticipates requesting more than one permit per year as required by this section, he may furnish one continuing bond as aforesaid in the penal sum of two thousand dollars ($2,000.00), unless a larger bond is required by the Superintendent of Streets and/or Water Department employee. (If said $2,000.00 bond is not deemed adequate by the Superintendent of Streets and/or Water Department employee, he may require an increase in the amount thereof promised upon the estimated cost of restoring the street opening or openings.) (Ord. 20, 12-5-1908; amd. 1979 Code; 2018 Code)
In addition to the above requirement, the permittee shall, before the permit is issued, furnish the City Clerk with a certificate of insurance showing the liability coverage of not less than one million dollars ($1,000,000.00) for personal injury and five hundred thousand dollars ($500,000.00) for property damage. Such certificate of insurance shall indicate that the permittee has purchased contractual liability insurance to comply with the following indemnifying agreement, namely: to indemnify and hold the City, its agents, employees and servants absolutely whole and harmless from, on account of and against all claims, demands or suits which may be brought by any person or persons arising out of any acts or work done pursuant to the award of such permit to the permittee notwithstanding that such claim, demand or suit may be the result of negligence of someone other than the permittee or his subcontractor. (Ord. 78-19, 12-12-1978; amd. 2018 Code)
Self-insured corporations may deposit a hold-harmless agreement in a form approved by the City Attorney. (1979 Code)
(E) Deposit: Before any permit under this chapter shall be issued, the applicant for such permit shall have deposited with the City Clerk the sum of five hundred dollars ($500.00) lawful money of the United States and this money shall be maintained and held, and shall constitute a special deposit, the object and general purpose of such deposit being to protect the City on account of any expense it may incur in repairing, refilling, paving or resurfacing any cut or excavation that may be made in the streets, sidewalks, alleys or public places.
After the aforesaid deposit is made, no applicant or grantee shall be required to make any additional deposit for additional excavation permits; provided, that the deposit must be kept intact at all times, and provided further, that when the City is required to use any part of the cash deposit for any purpose under this chapter, no applicant shall be entitled to further permits until such deposit is again restored to five hundred dollars ($500.00).
Any person desiring to withdraw the five hundred dollar ($500.00) deposit shall notify the Superintendent of Streets and/or Water Department employee who shall certify to the City Clerk as to the amount of any unexpended balance of such deposit, together with a statement of any charge due the City growing out of any liability herein provided for, and, after deducting all lawful charges due or to become due to the City, the balance shall be returned to such person. (1979 Code; amd. 2018 Code)
Public utilities having franchise obligations to restore and maintain street cuts and excavations shall not be required to make a cash deposit.
(F) Time Limit: Each cut or excavation for which a permit is granted under this chapter shall be begun within thirty (30) days from the date of issuance of the permit therefor unless an extension of time is granted by the City Clerk and, in the event of default thereof, a new permit shall be required before the cut or excavation is made.
(G) Cutting Pavement And Excavation: The person making a cut or excavation shall cause the same to be done with the least possible injury to the street, sidewalk, alley or public place and shall place the removed paving material and excavated earth therefrom in such a manner as to cause the least possible inconvenience to the public and to permit uninterrupted passage of water along the gutters. The width of the cut or excavation shall be not greater than that necessary for doing the work. (1979 Code)
(H) Refilling Of Excavations: The person making a cut or excavation in, through or under any street, sidewalk, alley or public place in the City shall notify the Superintendent of Streets and/or Water Department employee of his intention to commence the refill of such cut or excavation at least four (4) hours prior to the actual commencing thereof. (1979 Code; amd. 2018 Code)
Refilling of all cuts or excavations made in any street, sidewalk, alley or public place in the City shall be made by one of the following methods:
1. Refilling with clean unfrozen earth free from trash, rubbish or rocks over three inches (3") in maximum dimension, in layers not exceeding six inches (6") in height and compacting each layer thoroughly.
2. Refilling with inundated sand to the grade of the base of the existing pavement. On unpaved streets, sand backfill may be used to within eight inches (8") of the grade of the street, and clean unfrozen earth shall be used for the top eight inches (8"), such earth refill to be thoroughly compacted. (1979 Code)
3. With the permission of the Superintendent of Streets and/or Water Department employee refilling with clean unfrozen earth free from trash, rubbish or rocks over three inches (3") in maximum dimension properly jetted or puddled with water to produce maximum compaction; provided, that such earth is of a type suitable to be thoroughly compacted by such method.
If, upon inspection prior to paving, the Superintendent of Streets and/or Water Department employee determines that the backfill is not satisfactory, he shall have the right either to order the backfill removed and replaced, or to take out all of the filled material from the excavation and to have the same refilled at the expense of the person to whom the permit was issued, and to charge the cost thereof against the deposit belonging to the aforesaid person.
The Superintendent of Streets and/or Water Department employee, upon giving prior notice to the person to whom the permit is issued, shall have the right to make any and all refills and to require the reimbursement of the cost thereof from the person making the excavation by charging the cost thereof against the deposit belonging to the aforesaid person.
The person making the backfill shall be required to clean up and haul away all surplus earth, rock and rubbish within one working day following the day on which the backfill shall have been completed, and in the event of default thereof, the Superintendent of Streets and/or Water Department employee shall have the right to remove such earth, rock and rubbish and charge the cost thereof against the deposit of the person to whom the permit was issued.
In the event of settlement due to defective backfill or surfacing, occurring within two (2) years after the completion of the repaving, the Superintendent of Streets and/or Water Department employee shall have the right either to order the permittee to correct the deficiency or to make whatever repairs are required to restore the excavation to a proper condition and to charge the cost thereof against the deposit of the person to whom the permit was issued.
(I) Repaving And Resurfacing: Insofar as is consistent with generally accepted engineering practice, the surface of any excavation or cut made in any street, sidewalk, alley or public place shall be restored with materials and in a manner comparable to that of the pavement or other surface removed. The Superintendent of Streets and/or Water Department employee may, in his discretion and for cause, permit the repaving or resurfacing of a cut or excavation with materials unlike those removed. (1979 Code; amd. 2018 Code)
(J) Protective Measures: Every person who shall for any purpose make or cause to be made any excavation in, upon, under or adjoining any street, sidewalk, alley or other public place, and shall leave any part or portion thereof open, or shall leave any part or portion thereof obstructed with rubbish, building or other material during the nighttime shall cause the same to be enclosed with good, substantial and sufficient barriers not less than three feet (3') high and shall cause one or more warning flashing lights, of amber color and six inches (6") minimum diameter to be securely and conspicuously posted on or near such excavation, building material or other obstruction, provided that if such excavation or obstruction extends more than ten feet (10') but less than fifty feet (50') in length, two (2) warning lights shall be used with one place at each end, and provided further, that one additional light shall be placed for each additional fifty feet (50') or part thereof. Such light shall be kept burning from sunset to sunrise. (1979 Code)
No person shall excavate the full width of any street, alley, sidewalk or other public place, except when in the opinion of the Superintendent of Streets and/or Water Department employee convenience and necessity will be better served thereby; in such cases it shall be the duty of the permittee to maintain a substantial walkway or driveway across such excavation until it is refilled. (1979 Code; amd. 2018 Code)
(K) Sidewalk Excavations By Property Owners: Whenever any property owner or any person representing him, shall have stated in his application for a permit to excavate through or under any sidewalk, that he desires to repair such sidewalk himself, or by his representative, and that he will guard such excavation or defective sidewalk until such repairs are made, by barricades and lights as provided in this chapter, and that such sidewalk shall be repaired within forty eight (48) hours after the excavation through or under such sidewalk has been completed, then such property owner or his representative shall have the right to repair such sidewalk provided such repair is made in accordance with all applicable requirements of the City. (1979 Code)
(L) Rules And Regulations: The Superintendent of Streets and/or Water Department employee, with the approval of the Mayor and Council, may prescribe such rules and regulations to be followed and performed by any person engaged in excavating public streets, sidewalks, alleys and public places as may be necessary for the safety and convenience of the public and the proper handling and dispatch of the work; provided, however, that no rules or regulations shall be contrary to the provisions of this or any other City Code provisions. (1979 Code; amd. 2018 Code)
(M) Form Of Applications And Permits: Applications and permits shall be issued in such form as may be prescribed from time to time by the City Council. (1979 Code)
(N) Penalties: Any person violating any provisions of this section shall be fined no less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00). A separate offense shall be deemed committed on each day that a violation has been committed or continues. (1979 Code; amd. 2018 Code)