(A) No person shall make an excavation in or under a street without first obtaining an effective and valid permit to do so from the Director of Public Works or his designated representative.
(B) Any person desiring a permit shall apply for such at least 24 hours before the commencement of any work. A permit is not effective and valid until it is signed by the Director of Public Works or his designated representative.
(C) The work for which a permit is issued shall be commenced within 30 days of the effective date of the permit. In the event that special, exceptional or unusual circumstances prevent the commencement of the work within the initial 30-day period, the holder of the permit may apply for a time extension before the expiration of the initial time period, and the Director of Public Works may approve the same; provided, that no time extension shall exceed 30 days. If such work is not commenced with the initial time period or any extension thereof, the permit shall be null and void.
(D) Any person making an excavation in or under a street without an effective and valid permit shall cease all excavation work when ordered to do so by the Director of Public Works or his designated representative and shall not resume such work until he has complied with this subchapter.
(E) Division (A) of this section shall not apply to emergency situations where excavations are needed immediately to correct or remove a situation which presents an immediate and imminent threat to the health, safety and welfare of the public. However, in these situations, the person making the excavation shall apply for and obtain an effective and valid permit from the designated official on the next working day.
(F) Division (A) shall not apply to the following excavations made in that portion of a street between the right-of-way line and curb or edge of an improved roadway:
(1) Excavations made by a resident or owner of the abutting property or a holder of some other valid type of permit issued by the city;
(2) Excavations made for the placement of utility poles and guy anchors by a utility company which is operating under a franchise agreement with the city; and
(3) Excavations made for the installation of utility service drops where the trench is attended at all times by utility company employees, and the trench is not in existence for more than one hour.
(G) The exceptions mentioned in this subsection apply only to permit requirements and do not exclude any person from the other requirements established by this subchapter. Excavations for tunnelling or boring shall require a permit.
('68 Code, § 25-45.1) (Ord. 5-1979-25, passed 5-8-79) Penalty, see § 99.99